Facts
The case concerns the request of Miriam [S.] to obtain a widow's pension after the death of her first husband Vittorio [S.], from whom she had been divorced. Miriam [S.] had subsequently remarried with Luigi L., from whom she had then divorced.
The Cantonal Compensation Fund had rejected the request for a widow's pension, arguing that Miriam [S.] was not entitled to such benefit at the time of her second marriage, as the first husband was still alive. The Cantonal Insurance Court had, however, upheld Miriam S.'s appeal, recognizing her right to the widow's pension.
The Federal Social Insurance Office has therefore filed an administrative law appeal against the decision of the Cantonal Court.
Considerations
The Federal Court has upheld the appeal, annulling the decision of the Cantonal Court.
According to the Court, Art. 23 para. 3 OASI and Art. 46 para. 3 OASI Ordinance provide that the right to a widow's pension, extinguished by the widow's remarriage, can only be revived if such right had already arisen before the second marriage. In Miriam S.'s case, since she had never benefited from a widow's pension before her second marriage, she could not assert such right after the dissolution of the latter.
The Court also considered that the jurisprudential principles established in ATF 101 V 11 regarding the calculation of old-age pensions for women divorced multiple times…