Case study Partner deceased – partner’s pension denied

What happened

Mr T, who had been living with Ms J for many years and had a son together, was diagnosed with cancer. He died just two months later, not even forty years old. Ms J contacted the collective foundation of her partner’s occupational benefits insurance and applied for a deceased partner’s pension.

Ms J was horrified to learn that she was disqualified under the rules of her partner’s pension scheme. Only married partners were allowed to receive pension benefits on their partner’s death.

Ms J considered this unfair. She was responsible for the support of their common 6-year-old child. She was convinced that she qualified as a partner according to the pension plan regulations. When the insurer rejected her complaint, she came to us.

Outcome of Ombudsman investigation

We looked closely at the pension plan regulations, that Ms J had submitted with her complaint. According to the regulations the surviving partner of an unmarried couple may receive a partner’s pension if the couple had shared a home for an uninterrupted period of at least five years and if the surviving partner is responsible for the maintenance of a joint child.

We contacted the insurer and asked it to reconsider its position. However, the insurer maintained that in Mr T’s occupational benefits plan there was no partner’s pension included. Benefits for unmarried couples in the event of death are optional and have to be defined in the occupational benefits plan between the employer and the respective occupational pension scheme. Unfortunately, this had not been the case.

We had to inform Ms J that we couldn’t criticise the insurer’s rejection of her complaint. Moreover, we had to point out that according to art. 19 of the Federal Law on Occupational Benefits (BVG/LPP) only married couples are legally entitled to benefit from a deceased partner’s pension.