Key legal question
How the appellant's half disability pension must be calculated for Nov 2013-Nov 2015 given spousal benefit changes and separation
Extracted holding
The pension had to be recalculated under the AHV rules applied to IV pensions, with income splitting only for years 1989-2006 and only during periods of concurrent pension entitlement; the separation did not affect the calculation here.
Extracted reasoning
Under Arts. 29bis, 29quater, 29quinquies AHVG and Art. 50b AHVV, only earnings from the relevant contribution years are counted. Income splitting applies when both spouses are pension-entitled, but not during the spouse's temporary taggeld period. The separation affects plafonnement, not the income-splitting calculation, and plafonnement was not reached.