Facts
The case concerns a claim for a partner's pension filed by [S.] with the Cantonal Pension Fund of Grisons after the death of their partner, [B.], who was a teacher and insured with this fund. The claim was rejected due to the lack of a written declaration of mutual support, required by Article 14 of the Law on the Cantonal Pension Fund of Grisons (PKG). [S.] contested this decision, arguing that the pension fund had not fulfilled its obligation to inform about benefit entitlements, particularly with regard to the partner's pension.
The key facts are as follows
- S.'s partner, [B.], died as a result of a road accident.
- [S.] applied for a partner's pension, but the pension fund rejected the application due to the lack of a written declaration of mutual support.
- [S.] contested this decision before the Administrative Court of the Canton of Grisons, which rejected the application.
- [S.] then filed an appeal with the Federal Court, arguing that the pension fund had not fulfilled its obligation to inform about benefit entitlements.
Considerations
The Federal Court examined the question of whether the pension fund had fulfilled its obligation to inform about benefit entitlements, particularly with regard to the partner's pension. Article 86b of the Federal Law on Occupational Pensions (OPA) requires pension institutions to inform their insured persons about their benefit entitlements in an adequate manner.
The Federal Court considered that the pension fund had not fulfilled its obligation to inform, as it had merely published the legislative text and made it available on its website, without providing additional information on the conditions for granting the partner's pension. The Federal Court also considered that the pension fund had not provided sufficient information on benefit…