Questione giuridica chiave
Whether the insured was entitled to a full invalidity pension for January to March 2009
Decisione estratta
No. The relevant incapacity had to be averaged over the one-year waiting period; this led to entitlement to only a quarter pension for January to March 2009.
Motivazione estratta
The court held that the waiting-period threshold was only reached in mid-January 2009 on the basis of an average 40% incapacity. The higher 100% incapacity until end-August 2009 could only be taken into account from 1 April 2009 by analogy with Art. 88a Abs. 2 IVV.