Question juridique clé
Whether the 2008 pension decision was manifestly incorrect because the AI office failed to examine a possible reduction under Art. 21(1) LPGA and could therefore be reconsidered under Art. 53(2) LPGA.
Solution extraite
Yes. Omitting to examine and apply a relevant mandatory reduction rule made the initial pension decision manifestly erroneous.
Motifs extraits
Art. 21(1) LPGA is not a mere discretionary norm; when its conditions are met, the insurer has both the power and the duty to reduce or refuse benefits. The office simply forgot to assess the reduction question in time.