Facts
[F.], born in 1938 and married, has been receiving the maximum ordinary old-age AHV pension of CHF 2,110 per month since August 1, 2003. After his wife B., born in 1948, reached retirement age, the Compensation Fund of the Canton of Fribourg granted her a capped monthly old-age partial pension of CHF 889 by decision of August 21, 2012. On the same day, the Compensation Fund reduced F.'s old-age pension to the legally permissible maximum amount and granted him a monthly pension of CHF 1,958 as of September 1, 2012.
[F.] filed a complaint against this decision, which was dismissed by the Cantonal Court of Fribourg. Subsequently, [F.] filed a public law appeal with the Federal Supreme Court, essentially requesting the annulment of the contested decision, the declaration of its nullity, or alternatively its annulment and the declaration of its incompatibility with international law, as well as the granting of the maximum monthly pension (CHF 2,110) since August 1, 2003, or the payment of the difference amounts (CHF 152 per month) since September 1, 2012.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that while the pension capping under Art. 35 AHVG does result in unequal treatment of married couples and registered partners on the one hand, and cohabiting couples on the other, there are objective reasons for this. Marriage and registered partnership are privileged in social insurance law in various respects, so that there can be no talk of impermissible discrimination.
The Federal Supreme Court held that…