Questione giuridica chiave
Whether the occupational pension fund correctly calculated overcompensation for the mandatory minimum benefit.
Decisione estratta
The lower court erred by taking 100% instead of 90% of the presumed lost earnings into account under Art. 24(1) BVV 2; with the corrected calculation, the fund's paid pension still satisfies the statutory minimum.
Motivazione estratta
For the mandatory part, Art. 24 BVV 2 applies. The decisive comparison must use 90% of the presumed lost earnings. After this correction, the paid annual pension of CHF 12,120 still exceeds the uncovered amount.