Questione giuridica chiave
Whether the pension fund lawfully denied disability benefits because of overcompensation under its regulations and Art. 24 OPP 2
Decisione estratta
The refusal was upheld: the insured did not show that his hypothetical income without disability would have risen, and the fund could rely on the income level actually and ordinarily earned before the accident.
Motivazione estratta
Even if the regulatory notion of 'loss of earnings' may be doubtful in relation to Art. 24 OPP 2, the appellant failed to prove concrete, foreseeable income growth or a likely change to better-paid work. The court found no manifestly unsustainable factual findings.