Under OASI, stricter eligibility requirements apply to widower’s pensions than to widow’s pensions. This discrimination against widowers was condemned by the European Court of Human Rights in 2022. The Federal Council has now submitted an amendment to the law to Parliament that aims to eliminate the unequal treatment of men and women.
However, the bill goes far beyond the gender-neutral definition of benefits. It will also see the system of OASI survivors’ benefits adapted to social developments by taking account of modern family structures such as blended families and unmarried parents. This means that marital status will no longer be a decisive factor in future. Instead, mothers or fathers of children under the age of 25 would be entitled to a survivor’s pension under OASI if the other parent dies. Pension entitlement ceases at the end of the calendar year in which the youngest child turns 25. Special provisions apply in hardship cases and for widows and widowers with older children. The bill also provides for a number of transitional provisions for widow’s and widower’s pensions that will already be effect when the reform enters into force.
Equal treatment of men and women is also to be implemented in accident insurance (AIA), and widowers are to be put on an equal footing with widows. Survivors’ pensions under occupational benefit schemes are not affected by the reform, as identical conditions already apply to men and women.
The National Council considered the Federal Council’s proposal during the 2025 autumn session and expanded it into an indirect counterproposal to The Centre’s popular initiative “Yes to fair OASI pensions for married couples too”. The cap on the OASI pension for married couples at 150% of the maximum pension is to be lifted; however, in contrast to the proposed legislation, the regulation would only apply to pensions being paid for the first time.
The Council of States has not yet considered the bill.