Question juridique clé
Whether the repayment claim for unlawfully received widower’s pension benefits was time-barred under the one-year limitation period of Art. 25(2) ATSG
Solution extraite
The record was insufficient to decide the limitation issue; the court could not exclude that the compensation office had learned of the remarriage earlier through contributory records handled by its local branch, which would make the claim time-barred for at least part of the period.
Motifs extraits
Knowledge triggering the limitation period is when the administration, exercising due attention, could recognize the refund grounds. Knowledge of an incompetent authority does not count, but knowledge acquired by the compensation office through its own pension or contribution files does count. Because the office had not produced the contribution files, the matter had to be re-examined on a full evidentiary basis.