Questão jurídica principal
Whether the respondent had to pay reglementary occupational pension benefits also for the increase of disability from 50% to 100%.
Decisão extraída
Yes. The insured was already disabled at termination of coverage, and the later increase from the same cause occurred within the reglementary period; supplementary benefits were therefore owed under the plan rules.
Fundamentação extraída
The court interpreted Art. 26(2) of the reglement in light of Art. 88a(2) IVV and the principle of reliance. The three-month period does not mean the disability increase must first arise only after three months; it is sufficient that the worsening persists without interruption for three months. Given the broad disability definition in Art. 5(1) of the reglement, the claimant was already at least 70% disabled before 1 March 2001, so full reglementary benefits were due.