Question juridique clé
Whether A. had a right to a vested benefit instead of an invalidity pension under Art. 70 LCP
Solution extraite
No. The invalidity case had already occurred by 1 December 2009, so no vested benefit was due on 30 September 2010.
Motifs extraits
A concrete right to a disability pension existed from 1 December 2009. Under the LCP and settled case law, a vested benefit is excluded once the invalidity insurance event has materialized, even if this is established only retrospectively.