Facts
Giorgio [C.], born in 1942, passed away on February 26, 1990. He was an employee of company I. and was affiliated with the Prévoyance Ticino, a collective foundation for occupational pension provision of the Swiss Bank Society. He had divorced from Denise D. on November 21, 1986 and had remarried with Rita W., with whom he had a child. In the agreement on the ancillary effects of the divorce, Giorgio [C.] had committed to pay his ex-wife a monthly alimony of CHF 500.-- until the AHV retirement age, and to have a full beneficiary clause in his pension fund in her favor in case of his death. After Giorgio C.'s death, Denise C.-D. requested from the Prévoyance Ticino the payment of this monthly pension and a lump-sum death benefit of CHF 50,000.--. The foundation refused, on the grounds that the regulatory provisions only provided for the payment of the minimum benefits of the OPP 2, reduced in accordance with Art. 20 para. 2 OPP 2 taking into account the AHV pension received by Denise C.-D.Considerations
The Insurance Court of the Canton of Ticino partially upheld Denise C.-D.'s claim, ordering the Prévoyance Ticino to pay an annual pension of CHF 5,797.--. According to the cantonal court, the regulatory conditions for the granting of the pension were met and Art. 20 para. 2 OPP 2 did not oppose it, as this provision was not…