Questão jurídica principal
Whether the appellant had a claim to a life-partner pension despite no written support declaration having been filed during the partners’ lifetimes.
Decisão extraída
The written declaration was a constitutive condition, so no claim could arise under Art. 14 PKG alone; however, the case had to be remitted because the impact of insufficient information under Art. 86b BVG required further findings.
Fundamentação extraída
Art. 14 PKG requires a timely written support declaration as an indispensable entitlement condition, not merely a rule of proof. Yet the pension fund had not adequately informed insured persons about the newly introduced life-partner pension, so the missing declaration could not simply be held against the appellant without clarifying whether proper information would have led to a filing.