Key legal question
Whether the pension fund owes occupational pension disability benefits despite alleging incapacity predated coverage
Extracted holding
No; benefits are owed only if the relevant incapacity arose while insured, and the factual finding that it began on 2009-09-01 is binding.
Extracted reasoning
Art. 23 lit. a BVG requires relevant incapacity during the insurance period. The Federal Supreme Court upheld the lower court's assessment that there was no sufficiently proven 20% incapacity at the start of coverage and that later medical reports could not retrospectively establish earlier incapacity.