Facts

Parties:

  • [A.] , represented by attorney Dr. Kaspar Saner, appellant
  • SBB Pension Fund, represented by attorney Matthias Frey, respondent

Facts:

  • [A.] and [B.] got married on December 20, 2018. [B.] died on xxx February 2019.
  • [A.] claims a spousal pension, while the SBB Pension Fund offers a one-time settlement.
  • The cantonal administrative court awarded [A.] a settlement but denied the claim for a spousal pension.
  • [A.] files an appeal with the Federal Supreme Court.

Dispute:

  • Whether [A.] is entitled to a spousal pension despite the marriage lasting less than five years, but a longer cohabitation existed.

Considerations

The Federal Supreme Court first examines whether the cantonal court violated federal law by denying the claim for a spousal pension and instead awarding a settlement. According to Art. 19 OPA, the surviving spouse is entitled to a widow's or widower's pension if certain conditions are met. If these are not met, a one-time settlement is due.

The regulations of the SBB Pension Fund stipulate in Art. 44 para. 1 that the surviving spouse is entitled to a spousal pension if he or she must provide for the maintenance of at least one child, has been married for at least five years and has reached the age of 45 or receives a full IV pension. The duration of the cohabitation is counted towards the duration of the marriage.

The Federal Supreme Court concludes that the cohabitation between [A.] and [B.] already existed since February 2014,…