Facts

Parties:

  • Appellant: [A.] , represented by attorney Marcel Süsskind
  • Respondent: Pension Fund [X.] , represented by attorneys Kurt Blickenstorfer and Daniel Jud

Facts:

  • [B.] (deceased) was insured under the occupational pension scheme and passed away on December 13, 2014.
  • The pension fund paid the deceased's sister, [A.] , a death benefit of CHF 642,787.60.
  • The deceased's life partner filed a lawsuit, and the Bern Canton Administrative Court ordered the pension fund to pay the amount to the life partner.
  • The pension fund requested [A.] to repay the received death benefit and initiated several enforcement proceedings.
  • With a lawsuit filed on March 20, 2020, the pension fund requested [A.] to be ordered to pay the amount plus interest.
  • The Bern Canton Administrative Court ordered [A.] to pay CHF 642,787.60 plus interest at 5% since April 7, 2016.

Appeal:

  • [A.] requested the annulment of the lower court's judgment and the remand of the case to the cantonal court.
  • Alternatively, she requested that no default interest be awarded to the pension fund.

Considerations

The Federal Supreme Court examines the appeal in public law matters and applies the law ex officio. It bases its judgment on the facts established by the lower court and can correct CO supplement them ex officio if they are obviously incorrect CO based on a violation of law.

The pension fund is a registered, umbrella pension scheme that, within the framework of the cascade order of Art. 20a OPA, provides regulatory survivor's benefits for certain entitled persons. According to Art. 20 para. 2 lit. c of the regulations, natural persons who were supported by the actively insured person at the time of death, CO the person who lived in a marriage-like relationship with the deceased, are entitled to the death benefit. In their absence, the siblings of the deceased person are entitled.

The Federal Supreme Court examines whether the lower court's conclusion, according to which Art. 35a OPA is decisive for the recourse, is in conformity with federal law. According to Art. 35a OPA, improperly received benefits must be repaid. The obligation to repay applies to the beneficiary of the benefits, if necessary their legal representative, and in the event of death their heirs. Third…