Question juridique clé
Whether the insured person was entitled to an early old-age pension from 1 November 2009 despite the form being completed incorrectly by the communal agency.
Solution extraite
Yes. The insured person had clearly expressed her wish for early payment in time and through an authorized receiving body; the erroneous form entry could not defeat that request.
Motifs extraits
The insured signed the form in blank after asking the agency to complete it according to her instructions. She could not discover the error until mid-December 2009, and the request was filed more than three months before the desired start date. In these circumstances, there was no unlawful retroactive claim, and the insured’s good faith had to be protected.