Kernrechtsfrage
Whether the widow could claim the deceased member's death capital instead of the reglementary lump sum
Extrahierter Entscheid
No. The reglementary lump-sum payment and the exclusion from the death-capital clause did not violate constitutional equal treatment or minimum standards in supplementary occupational pension coverage.
Extrahierte Begründung
In the extra-mandatory sphere, pension institutions enjoy broad autonomy. A better treatment of supported cohabiting partners under the fund rules was not unlawful per se. Any unequal treatment here did not stem from the widow's marital status but from the fact that she did not meet the statutory/reglementary conditions for a widow's pension; therefore she had no basis to replace the lump sum with the full death capital.