Questão jurídica principal
Whether Art. 43bis para. 4 LAVS gives a former AI recipient already converted to AVS impotence allowance before 1 January 2004 a right to the higher AI rates introduced in 2004.
Decisão extraída
No. The provision only preserves the amount of the AI allowance at retirement or early retirement; it does not entitle pre-2004 AVS beneficiaries to a later increase matching the revised AI rates.
Fundamentação extraída
The court adhered to its prior case law: the purpose of Art. 43bis para. 4 LAVS is to guarantee continuity of the allowance level when the person reaches retirement age, not to align AVS benefits with subsequent AI amendments.