Facts
The unmarried C. passed away in July 2007 and left his mother L. and three sisters as legal heirs, as well as [G.] as a testamentary heir to 30% of the estate. The pension fund informed the legal heirs that there was a death benefit of CHF 431,896.90, which would be paid out to them in accordance with the regulations.
[G.] filed a lawsuit against the pension fund, demanding that the entire death benefit be paid out to her. The Administrative Court dismissed the claim. [G.] then filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court examined whether it is compatible with Art. 20a para. 1 BVG if a pension fund requires, as a prerequisite for the surviving cohabiting partner's claim to the death benefit, a benefit granted during the lifetime.
Prior to the entry into force of Art. 20a BVG on January 1, 2005, it was permissible according to case law to make the claim of the surviving life partner to death benefits dependent on the existence of a benefit or notification made during the lifetime. This was justified by the concern for legal certainty and the legitimate interest of the pension institution in knowing the benefits triggered by the death.
Art. 20a BVG was introduced into the law to improve the survivors' benefits for unmarried life partners and to standardize the circle of beneficiaries in the area of the supplementary benefits. The regulation largely corresponds to the previous legal situation, but expands…