Facts
The divorced O., born in 1945, was insured for occupational pension benefits with the Welfare Fund of Bank X. (supplementary, unregistered pension plan) and the Pension Fund of Bank X. (comprehensive, registered pension plan) as a managerial employee. Since 1998, he had been living in a domestic partnership with L., whom he had designated as the 100% beneficiary with both the Pension Fund and the Welfare Fund. O. passed away on April 7, 2006.
L. filed a claim against the Welfare Fund and the Pension Fund, requesting the payment of the lump-sum death benefits that had become due upon O.'s death, plus interest. The Social Insurance Court dismissed the claim against the Pension Fund but upheld the claim against the Welfare Fund and ordered the latter to pay L. the death benefit capital of CHF 750,000 plus interest.
B., O.'s son, filed an appeal, requesting that the death benefit capital plus interest be paid half to him and half to L.
Considerations
Pursuant to Art. 20a(1) BVG, the pension plan can provide in its regulations for other beneficiaries in addition to the entitled persons under Articles 19 and 20 BVG, as listed in lit. a-c. L. falls under lit. a of this provision, so she can be designated as a beneficiary.
Under Art. 20a BVG, the pension plan is free to include the named persons in the circle of entitled persons; however, it is bound by the categories of persons mentioned therein and the cascading order. It would not be permissible to prefer a child who only meets the…