Facts
The complainant, [A.] , filed a complaint against the Federal Compensation Office because it had revoked his widower's pension due to the majority of his youngest child. The Insurance Court of the Canton of Aargau dismissed the complaint. The complainant filed a complaint with the Federal Supreme Court and requested that the widower's pension be paid beyond October 31, 2020.
The Compensation Office requested that the complaint be dismissed and submitted a ruling in which it granted the complainant the widower's pension as of November 1, 2020. The Federal Supreme Court ruled that the Compensation Office exceeded its functional jurisdiction and disregarded the devolutive effect by granting the complainant the widower's pension during the federal court proceedings.
Considerations
The Federal Supreme Court examines its jurisdiction and the prerequisites for admission of its own motion and with free cognition. The complainant requests the widower's pension beyond October 31, 2020, which is an admissible constitutive legal claim.
The Federal Supreme Court ruled that the Compensation Office exceeded its functional jurisdiction and disregarded the devolutive effect by granting the complainant the widower's pension during the federal court proceedings. The Compensation Office's ruling of November 18, 2022, is to be considered formally as null and void and in these proceedings as a request by the respondent to grant the complaint.
The Federal Supreme Court found that…