Facts
The divorced [O.] , born in 1945, was insured for occupational pension benefits with the welfare fund of Bank [X.] (supplementary, non-registered pension plan) and the pension fund of Bank [X.] (encompassing, registered pension plan). He passed away on April 7, 2006. His partner [L.] filed a lawsuit against the welfare fund and the pension fund with the aim of receiving the death benefits due upon [O.] 's death. The son [B.] was joined as a party to the proceedings and requested that the death benefit capital be paid half to him and half to [L.] .Considerations
The Federal Supreme Court decided as follows:- The appellant [B.] as the deceased's son is legitimized as a co-claimant to the death benefit capital, so his appeal must be considered. - Art. 20a OPA, which has been in force since January 1, 2005, allows the pension plan to benefit persons other than the entitled persons under Articles 19 and 20 OPA (spouse, orphans),…