Questão jurídica principal
Whether the appellant was entitled to an invalidity pension of the extra-mandatory occupational pension based on CHF 52,512 from 1 April 2004.
Decisão extraída
No. The individual certificate did not create such entitlement, because it expressly referred to a 24-month waiting period and the health reservation excluded the claimed incapacity benefits outside the mandatory LPP part.
Fundamentação extraída
The court upheld the lower court's trust-based interpretation of the 13 March 2002 reservation letter. Read objectively and in context, the clause excluded guaranteed incapacity benefits for the medically reserved conditions, while expressly stating that it did not apply to mandatory LPP benefits. The clause was unambiguous and there was no basis for contra proferentem.