Facts
The applicant, F., requested that pension fund Q. pay a survivor's pension following the death of her partner B. in June 2008. The pension fund refused this request on the grounds that the couple had not maintained a continuous joint household for at least the five years preceding the death, as required by the pension fund's regulations. F. then filed an action against the pension fund before the cantonal court, which dismissed her claim. F. then appealed to the Federal Tribunal.Considerations
The Federal Tribunal upheld the appeal. It considered that pension funds may, within the framework of supplementary occupational pension provision, impose additional conditions for the granting of survivors' benefits, in particular the requirement of a continuous joint household for at least five years prior to death. However, this condition must not be interpreted too restrictively. It is sufficient that the partners had the clear intention to lead a joint life, to the extent that the circumstances allowed, even if they did not always cohabit…