Reactivation of the Claim for a Widow's or Widower's Pension after Multiple Remarriages

Facts

[A.], born in 1971, was initially married to her first husband until his death on August 2, 1994. Thereafter, [A.] received a widow's pension from the Old-Age and Survivors' Insurance (AHV) starting September 1, 1994. This entitlement expired when [A.] remarried on January 22, 2003. After the divorce of this second marriage on September 11, 2008, [A.] entered into her third marriage on December 11, 2009, which was legally divorced on August 17, 2019.

In September 2019, [A.] reapplied for a widow's pension. However, the Compensation Fund of the Canton of Aargau denied her claim. The Insurance Court of the Canton of Aargau upheld A.'s appeal and awarded her a widow's pension effective September 1, 2019. The Federal Social Insurance Office then filed an appeal in public law matters.

Considerations

The Federal Supreme Court first had to clarify whether the claim for a widow's or widower's pension, which had expired due to remarriage, can be reactivated under Art. 23 (5) of the AHV Act only after the dissolution of the second marriage by divorce or annulment, or whether a reactivation is also possible after the dissolution of further, i.e., a third, fourth, etc. marriage.

The Federal Supreme Court concluded that the reactivation of the claim for a widow's or widower's pension under Art. 23 (5) of the AHV Act is limited to the dissolution of the second marriage. Neither the wording nor the legislative materials support an extension to further marriages. The purpose of the provision, which is to…