Questão jurídica principal
Whether the BVG disability pension claim was time-barred
Decisão extraída
The claim was not time-barred under the revised Art. 41(1) BVG because the claim had not yet become time-barred when the new law entered into force and could therefore no longer lapse.
Fundamentação extraída
Under the former law the pension claim would have been time-barred, and the 2004 request did not interrupt time. However, the revised Art. 41(1) BVG applies to claims not yet time-barred on 1 January 2005, and the insured had not left the pension scheme when the insured event occurred.