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Supreme Court of Denmark

Not established that the terms for cohabiting partner's pension of a pension scheme had been fulfilled 

Case no. 222/2009
Judgment 9 February 2012
 

A
vs.
The pension fund for nurses ("Pensionskassen for Sygeplejersker")

Not established that the terms for cohabiting partner's pension of a pension scheme had been fulfilled

After the death of B, A claimed that a cohabiting partner's pension should be disbursed to him from the pension fund for nurses, where B had been a member. According to the pension terms, one of the conditions for disbursement of the cohabiting partner's pension was that A and B had lived together without interruption for a period of at least two years prior to her death.

The Court was not satisfied that A fulfilled the pension agreement's terms for receiving a cohabiting partner's pension. Among other things, the Supreme Court gave importance to the facts that A and B had not had a joint officially registered address, that B had lived with her mother for the past nine months before her death, and that on the evidence it had to be considered that B had left A because she no longer wanted to live with A.

The High Court had reached the same conclusion. 

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