Refusal of a widower's pension by a private pension institution

Facts

Francisco [R.] requested the VSAO Pension Foundation to pay him a widower's pension following the death of his wife Lucie [R.], who was insured with this institution. The Foundation refused this request on the grounds that neither the OPA nor the Foundation's regulations provide for the payment of such a pension. Francisco [R.] then brought the case before the Insurance Court of the Canton of Zurich, which dismissed his claim. Francisco [R.] then appealed to the Federal Insurance Court.

Considerations

The Federal Insurance Court considered that, within the framework of supplementary occupational pension provision managed by a private pension institution, there is no entitlement to a widower's pension if it is not provided for in the regulations or the pension contract. Although Art. 4 para. 2 Cst. enshrines the principle of equality between men and women, this provision cannot be used to introduce, within the framework of supplementary occupational pension provision managed by a private institution, benefits that are not provided for in…