Claim of the Divorced Spouse to Survivors' Benefits from Occupational Pension Provision

Facts

The Canton of St. Gallen filed an appeal against a judgment of the Insurance Court of the Canton of St. Gallen, which had awarded the divorced spouse G. a monthly pension of CHF 1,530.40 from the Insurance Fund for the State Personnel of the Canton of St. Gallen. The main points of contention were:

• Scope of the pension claim of the divorced spouse pursuant to Art. 46 of the Ordinance on the Insurance Fund for the State Personnel of the Canton of St. Gallen (VVK/SG) - Limitation to the OPA minimum or further benefits?
• Offsetting of the respondent's AHV old-age pension against the survivors' pension pursuant to Art. 20 para. 2 OPO 2.
• Amount of the maintenance claim under divorce law, which is relevant for the assessment of the survivors' pension.

Considerations

The Federal Supreme Court decided as follows

Pension claim pursuant to Art. 46 VVK/SG: The reference in Art. 46 sentence 1 VVK/SG to the "provisions of the OPA on the claims of the divorced wife" limits the pension claim of the divorced spouse to 60% of the mandatory OPA old-age pension of her deceased husband. The Ordinance does not provide for any further benefits.

Offsetting of the AHV old-age pension: The respondent's AHV…