Questione giuridica chiave
Whether the divorced spouse's entitlement to death benefits depends on a proven loss of maintenance support and possible overcompensation.
Decisione estratta
The cantonal court could not deny the relevance of the divorced spouse's financial situation; it had to clarify whether she suffered a compensable loss and whether other social insurance benefits extinguish or reduce her claim.
Motivazione estratta
Art. 20 BVV2 limits benefits to compensation for the loss caused by the death; the foundation may reduce its benefits where other insurance benefits triggered by the death cover the same damage. If the divorced spouse has no compensable loss, she falls out of the beneficiary circle and the appellant may be entitled to the entire death capital.