Facts
W., born in 1947, was insured for occupational pension benefits with the GastroSocial Pension Fund as a waiter. Due to a metastatic bronchial carcinoma, he was fully incapacitated for work from September 12, 2004. On January 14, 2005, he terminated his employment to take up self-employment. On February 14, 2005, he requested the lump-sum payment of his vested termination benefit. On February 16, 2005, W. voluntarily passed away. His brother R. requested the pension fund to transfer the vested termination benefit, which was rejected as the insured event "death" had occurred.
The Insurance Court of the Canton of Aargau ordered the pension fund to pay R. the vested termination benefit of his deceased brother plus interest. The pension fund appealed against this decision.
Considerations
The Federal Supreme Court held that the insured event "death" occurred only with the actual occurrence of death and not already with the incapacity for work, the cause of which led to death. Since W. had left the pension institution before his death, the claim to a vested termination benefit had generally arisen.
Even though…