Facts
After the death of her husband on 11 December 1986, the insured [B.] registered with the OASI and requested the transfer of the widow's lump-sum due to her. The Compensation Fund for the Swiss Banking Industry awarded her a widow's lump-sum of CHF 41,472.-- in a decision dated 11 March 1987, which was, however, erroneously transferred to a third party's account. In July 1996, [B.] requested the payment of the widow's lump-sum, whereupon the Compensation Fund discovered the error and asserted the claim for reimbursement against the third party. [B.] then filed a lawsuit against the Compensation Fund, which was, however, not pursued further. Subsequently, the Compensation Fund rejected the payment of the widow's lump-sum to [B.] in a decision dated 9 March 1998, as it considered the claim to have been forfeited since February 1992.Considerations
The Federal Supreme Court states that the question of whether a claim is time-barred or forfeited is a matter of substantive law. Therefore, the cantonal…