Salary below LPP minimum excludes disability coverage

ATA/535/1998Court of Justice / Administrative ChamberSep 1, 1998Dismissed

Extracted by Omnilex

Omnilex summary

The recourant claimed disability benefits under the occupational pension scheme. The decision holds that no entitlement exists where, during the year preceding the first incapacity to work, the person earned less than the statutory minimum salary required for LPP coverage. As a result, the claimant was excluded from insurance and the benefit claim failed.

Omnilex headnote

Art. 23 LPP; entitlement to disability benefits presupposes that the insured risk materialised while the person was covered by the occupational pension scheme. Where, in the year preceding the first incapacity to work, the claimant’s salary fell below the statutory minimum for mandatory coverage, occupational pension insurance does not exist for that employment relation; no disability benefits can therefore be claimed. The decisive criterion is the insured status at the onset of incapacity, not a later change in employment or earnings.

Full text

Descripteurs

ASSURANCE SOCIALE; PREVOYANCE PROFESSIONNELLE; REVENU; SALAIRE MINIMUM; INVALIDITE(INFIRMITE); ASSU

Normes

LPP.23

Résumé

Le recourant n'a pas droit aux prestations d'invalidité LPP dès lors que, dans l'année précédent la première incapacité de travail, il avait un salaire inférieur au minimum LPP, excluant ainsi toute assurance.

Keywords

occupational pensiondisability benefitsminimum salaryinsurance coverageincapacity to work

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the claimant was insured under the LPP at the onset of incapacity to work despite earning less than the minimum salary threshold in the preceding year.

Extracted holding

No. A salary below the LPP minimum in the relevant year excluded coverage, so no entitlement to disability benefits arose.

Extracted reasoning

Because the insured person did not meet the minimum salary threshold in the year before the first incapacity to work, there was no occupational pension insurance coverage for the claimed risk.

Salary below LPP minimum excludes disability coverageAI generated