Claim to Lump-Sum Death Benefit of Supplementary Occupational Pension in Registered Partnership

Facts

C. was insured with Pension Fund B. for occupational pension from September 1, 2013. When he passed away in April 2014, he left behind his life partner [A.] and his parents. In his will, he had appointed [A.] as sole heir and executor.

Considerations

The Federal Court dismissed the appeal. According to the case law, for the life partner to be entitled to survivors' benefits from the supplementary occupational pension, the insured person must have made an express declaration of intent, either in the form of a written declaration of beneficiary or at least a reference to the relevant regulations in a testamentary disposition. The mere appointment of the life partner as sole heir in the will does not indicate such an intention to designate her as beneficiary.

Pension institutions are generally free to decide whether and for which persons they want to provide survivors' benefits. They can define…