Rejection of the Claim for Widower's Pension after the Majority of the Youngest Child

Facts

[B.] , born in 1953, received a widower's pension from the Compensation Fund of Appenzell Ausserrhoden, which was, however, discontinued in November 2010 upon his youngest daughter reaching the age of majority. [B.] filed a complaint against this decision, which was dismissed by the High Court of the Canton of Appenzell Ausserrhoden. Thereupon, [B.] filed a public law appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that according to Art. 24 para. 2 OASIA, the entitlement to a widower's pension expires when the last child of the widower reaches the age of 18. Although this provision contains a gender-specific inequality, as widows continue to have a claim to a survivor's pension, while widowers do not, the legislator has consciously accepted this inequality and considered it justifiable. The Federal Supreme Court is bound by the clear…