Facts
Victor C., born in 1952, was killed in a railway accident in 1988 while carrying out work on the track. His widow Maria C. and his daughter Monica C. filed an action against the Joint Foundation of the Vaud Cantonal Bank Second Pillar, the occupational pension institution of the company where Victor C. worked, to obtain the payment of survivors' benefits.
By decision of June 2, 1988, the compensation fund awarded Maria C. a widow's pension and Monica C. an orphan's pension. For its part, the Swiss National Accident Insurance Fund (CNA) also granted survivors' pensions to the widow and daughter of the deceased.
However, the foundation refused to pay survivors' benefits to the appellants, invoking Article 27 of its regulations, which excludes the payment of such benefits when accident insurance or military insurance pays full benefits for the same insurance case.
Considerations
The Federal Insurance Court considers that Article 25, paragraph 1, of the Ordinance on Occupational Retirement, Survivors' and Disability Pension Plans (OPP 2), which authorizes pension institutions to exclude the payment of survivors' benefits when accident insurance or military insurance is involved, is not in conformity with the Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans (LPP).
Indeed, the law does not allow for a complete exclusion of occupational pension benefits in the event of concurrent claims with accident insurance or military insurance. Article 34, paragraph 2, of the LPP does provide for the priority of benefits from these insurances, but…