Facts
A., born in 1945, passed away on May 31, 2006. He left his two adult daughters, U. and B., as his legal heirs. For around six years prior to his death, he had lived in a domestic partnership with G. The insured had maintained a vested benefits account with the Substitute Occupational Pension Plan Foundation (Stiftung Auffangeinrichtung BVG). After his death, the two daughters requested the Substitute Pension Plan to pay out the vested benefits balance. The Substitute Pension Plan refused the payout and took the position that G., as the former life partner, was the entitled beneficiary.
Considerations
The Federal Supreme Court dismissed the daughters' appeal. It stated that according to Art. 15 para. 1 lit. b FZV, in the event of the insured person's death, the primary beneficiaries are the surviving dependents within the meaning of Art. 19, 19a and 20 BVG, followed by, among others, the person who had lived in a domestic partnership with the insured person for the last five years up to their death (which applies to G.), and thirdly, among others, the children of the deceased who do not meet the requirements of Art. 20 BVG.
The appellants relied on Art. 20a BVG, which regulates the entitlement to survivors' benefits. However, the Federal Supreme Court found that the rules on beneficiary entitlement under the BVG and the FZV concern…