Question juridique clé
Whether moratory interest was owed on retroactive disability pension arrears
Solution extraite
No moratory interest was owed on the retroactively paid occupational pension arrears.
Motifs extraits
LPGA Art. 26(2) does not apply generally to occupational pension law. In the absence of a specific pension-regulation rule, the matter is governed by the CO; under Art. 105(1) CO, interest runs only from a demand or enforcement, and here no overdue payable benefit existed when the claim was filed because the pension fund could only decide after the AI ruling and then acted promptly.