Question juridique clé
Whether a pre-decision notice procedure had to be conducted before reducing the insured person's pension based on recalculation.
Solution extraite
No pre-decision notice procedure was required for this pension recalculation, although the insured person had to be heard in an appropriate form before the decision.
Motifs extraits
Art. 57a IVG, read in light of the statutory system, history, and purpose, applies to decisions by the IV office on substantive entitlement issues, not to the arithmetical pension calculation handled by the compensation office. However, the constitutional right to be heard still applies before the reduction decision.