Art. 31 Reductions in benefits
1 The benefits provided by the Pension Fund shall be reduced if they exceed 90% of the last annual salary when taken together with other eligible benefits (pursuant to Art. 6 Paras. 3 and 4, plus inflation) on the occurrence of the insured event (disability or death). The Pension Fund can also reduce disability benefits pursuant to Art. 26a Para. 3 of the BVG.
If accident or military insurance benefits or comparable foreign benefits continue to be paid after the reference age, the pension fund will reduce their benefits to a total of 90% of the amount deemed to have been lost in an over-compensation calculation immediately before the reference age.
2 Relevant benefits comprise all benefits that are paid at the time the reduction is being assessed, especially the following benefits from
- AHV and IV (and/or Swiss and foreign social security schemes), with the exception of helplessness allowances;
- mandatory accident insurance;
- military insurance;
- Swiss and foreign pension schemes (including the Pension Fund) and early leaver vested benefit schemes;
- health insurance daily benefits;
- benefits from a liable third party.
In the case of recipients of disability pensions, income that continues to come from or can be reasonably expected to come from earned or replacement income (daily benefits of unemployment insurance, etc.) is additionally taken into account.
Any lump-sum death benefit from a management insurance policy taken out by the employer for employees insured by the pension fund is not eligible.
3 If a disability or retirement pension is shared due to divorce (Art. 124a of the ZGB), the portion of the pension that has been allocated to the entitled divorced spouse is deducted from the reduced Pension Fund benefits pursuant to Paras. 1 and 2.
4 The income of spouses/partners and orphans are added together. One-off or lump-sum payments are converted into actuarially equivalent pensions.
5 The Pension Fund may reduce its benefits accordingly if the AHV/IV reduces, withdraws or refuses payment of benefits, or if the beneficiary was substantially responsible for the death or disability or opposes integration assistance from the IV.
6 The Pension Fund is not obliged to make a compensatory payment for payment refusals or reductions in accident or military insurance if the refusals or reductions have been made pursuant to Art. 21 of the Federal Law on General Provisions concerning Legislation on Social Insurances (ATSG), Art. 37 or 39 of the Swiss Accident Insurance Act (UVG) or Art. 65 or 66 of the Military Insurance Act (MVG). Nor is it obliged to compensate for the reduction of other benefits made when the reference age is reached (in particular in accordance with Art. 20 para. 2ter and 2quater UVG and Art. 47 para. 1 MVG), or for the reduction or refusal of other benefits due to negligence.
7 The Pension Fund reserves the right to review the conditions and scope of a reduction at any time and adjust its benefits if there is any material change in the situation. Beneficiaries are obliged to immediately inform the Pension Fund of any changes that may have an impact on their benefit entitlements unsolicited.