Facts
Gottlieb R. (born 1887) and his wife Nelly (born 1897) were residents of Lugano. Due to depressive disorders, Nelly [R.] spent only about three years with her husband between 1953 and 1961, and the rest of the time in a private psychiatric clinic in Kilchberg (Zurich). After the death of her husband on January 9, 1962, Nelly [R.] took up residence with her sister in Baar at the end of January 1962. Until the beginning of July 1967, she spent about 15 months with her sister and the rest of the time in the Sanatorium Kilchberg. Since mid-July 1967, she has been continuously hospitalized in the clinic.
On May 25, 1971, Nelly R.'s brother Alfred F. applied for supplementary benefits to the old-age pension with the Compensation Fund of the Canton of Zug. The Zug Fund forwarded the application to the Compensation Fund of the Canton of Ticino, which, however, disputed its competence, as the insured person's domicile has been in Baar since January 30, 1962.
Considerations
The Federal Insurance Court states that according to Art. 1 para. 3 of the Supplementary Benefits Act (ELG), the canton in whose territory the pension recipient has his civil domicile is competent. This is located, according to Art. 23 and 24 of the Swiss Civil Code (ZGB), at the place where the person establishes the center of his or her personal relationships, even if he or she temporarily leaves it. Nelly [R.] has transferred her domicile to Baar by moving in with her sister, as the Ticino Insurance Court has correctly determined.
Accordingly, the Canton of Zug must determine and pay the supplementary benefits, if any, to which Nelly R.…