Facts
The divorced Z., born in 1947, passed away on January 29, 2000. In a declaration dated September 22, 1999, he had applied to Winterthur-Columna, the Foundation for Supplementary Pension Provision, that in the event of his death before reaching retirement age, his brothers X. and Y. and his life partner A. should each be beneficiaries for one third in his pension insurance. However, Winterthur-Columna paid the lump-sum death benefit to the deceased's children, as the regulations list descendants before siblings.
X. and Y. filed a lawsuit with the claim that Winterthur-Columna be obliged to pay them the amount of CHF 593,935.- plus interest. The Cantonal Court of Basel-Landschaft dismissed the claim. With an administrative court appeal, X. and Y. renew their claim.
Considerations
The Federal Supreme Court states that the brothers' entitlement to a claim can only be affirmed if they were "substantially supported" by the deceased within the meaning of the regulations or if the special beneficiary arrangement requested by the insured better reflects the purpose of the pension provision.
According to the rules of interpretation, the term "substantial support" cannot be described as unclear or unusual. However, more than a fifty-fifty cost sharing must be…