Facts
The dispute concerns the right to the orphan's pension of Michel-Marcel Brielmann, a child taken in and adopted by Emma Brielmann after the death of her husband Marcel-Henri Brielmann.
André-Michel Leuenberger, born on June 23, 1960, was taken in and raised by the Brielmann spouses, who had initiated steps for his joint adoption. However, Marcel-Henri Brielmann died suddenly on October 3, 1973, before the adoption was pronounced. Emma Brielmann then continued the procedure in her own name, and the adoption of the child was pronounced on October 31, 1973 by the Court of Justice of Geneva.
After the death of Marcel-Henri Brielmann, the Compensation Fund granted a widow's pension to Emma Brielmann, but refused to grant an orphan's pension to Michel-Marcel Brielmann, on the grounds that the adoption had taken place the same month as the husband's death. Emma Brielmann appealed against this decision.
Considerations
The Federal Insurance Court first examined the rights opened by the death of a foster parent in favor of the child taken in, as well as the consequences of the subsequent adoption of this child by the surviving foster parent.
According to case law and administrative directives, the adoption of the child taken in by the surviving foster parent does not deprive the child of the right to the pension resulting from the death of the foster parent. Thus, the adoption of Michel-Marcel Brielmann by his foster mother on October 31, 1973 did not result in the deprivation of the benefit of the pension for the child taken in to which the death of his foster father, which occurred on October 3, 1973, entitled him as of November 1, 1973.
However, the…