Key legal question
Whether the claimant’s occupational pension disability claim was prescribed when filed in 2004/2005
Extracted holding
The ten-year prescription period began when the pension claim arose in April 1989 and expired on 1 April 1999.
Extracted reasoning
The court held that the ten-year period under the former Article 41 LPP runs irrespective of the insured person’s knowledge of the claim. The claimant’s psychiatric illness and later awareness of the pension scheme did not delay the start of prescription. The AI decision fixing disability from April 1988 and entitlement from April 1989 was binding, there being no reason to depart from it.