Questione giuridica chiave
Whether the invalidity degree in a pension revision should be assessed by income comparison or by a percentage comparison
Decisione estratta
A percentage comparison was not permissible because the insured could no longer return to her former pre-illness job; the invalidity degree had to be recalculated by comparing hypothetical incomes.
Motivazione estratta
For active insured persons, invalidity is determined under Art. 16 LPGA by comparing the income without disability with the income achievable in a reasonable adapted activity. A percentage comparison is only suitable when both values can be expressed in percentages and the pre-illness work remains the relevant benchmark. Here, the former managerial salary had been ignored, leading to manifestly inaccurate fact-finding.