Survivors' Benefits - Minimum Duration Of Marriage

A clause in a preworded pension commitment stipulating a minimum of ten years of marriage as per the date of death as a prerequisite for the disbursement of survivors' benefits violates German general terms and conditions law and is thus void and invalid.  

Facts of the case

The plaintiff was married to the defendant's employee for four years before said employee passed away in April 2015. The pension plan agreement entered into by and between the employee and the defendant stipulated widow's benefits which, according to Sec. 4(2) lit. a of the agreement would not be disbursed to widows unless they had been married with the deceased employee for at least ten years prior to his death. The plaintiff's lawsuits aims at a ruling in which the defendant is ordered to disburse the widow's benefits.