Facts
A., born in 1960, maintained a vested termination benefits account with the vested benefits foundation X. After her death in 2005, her legal heirs as well as her appointed sole heir R. asserted a claim to the account balance. The Social Insurance Court dismissed the claim of the legal heirs. Subsequently, they filed a public law appeal with the aim of having the account balance paid out to them.Considerations
The Federal Court first clarified that the vested benefits foundation X. is the proper defendant in the dispute over the vested termination benefits and has party status in the proceedings. The decisive issue is whether the joined party R., as a person who had lived in a domestic partnership with the deceased pension beneficiary for the last five years until the latter's death, is entitled to the claim. The Federal Court has stated the following in this regard: - The concept of a domestic partnership within the meaning of the foundation regulations also includes same-sex partnerships. A permanent and undivided cohabitation is not required for this. - Based on the circumstances of the specific case, it must be assumed that there was a close, exclusive relationship between the joined party and the deceased pension beneficiary, which meets the requirements of a domestic partnership within the meaning of the…