Questione giuridica chiave
How should the notional residual income under Art. 24(2) sentence 2 BVV 2 be determined for overinsurance purposes?
Decisione estratta
The pension fund may generally rely on the IV invalid income as a presumption, but the insured can rebut it by showing concrete personal or labour-market circumstances making such income unattainable.
Motivazione estratta
The court followed its recent case law: the purpose is to align non-realizing partial invalids with those who actually earn the reasonable residual income. The insured must be heard and must substantiate concrete obstacles, including failed job applications. Because such evidence may be decisive, the case had to be remitted for further evidence-taking.