TA municipality
Photo: Shaul Golan
Municipality worker's bereaved partner fighting for benefits
Gay man threatens to sue after not being granted deceased partner's posthumous benefits; municipality claims he did not provide requisite evidence
Staff at the Tel Aviv municipality allegedly denied D', a gay man who had lived for several years with a municipality employee, benefits meant to be awarded to cohabitants of city employees pursuant to their death. The municipality claimed D' did not meet the burden of proof to show he had been the municipality employee's life partner.
For years, D' and his partner had lived in the same apartment, shared the same bank account and never denied being a couple. Two years ago, D's partner became ill and passed away. Subsequently, D' appealed to the municipality for posthumous benefits as D's life partner.
D' was invited to a meeting at the municipality and asked to provide evidence of a cohabitational relationship with the deceased. He arrived with documents proving their joint bank account, joint living arrangement and statements attesting to their relationship.
Shortly after, D' received a letter from the municipality's head of pension and retirement funds, Rafael Weiss, which stated that "although we respect that you were a good and loyal friend to the deceased, under the circumstances, according to our legal department, we are unable to accommodate your request for technical reasons. You are required to be recognized by the national labor court."
Taking legal action
Months later, D' decided to take legal action against the municipality. His lawyer, Moshe Meir, in a final warning letter to the municipality before formally initiating legal proceedings, wrote that they were "trying to wiggle out of paying for bizarre reasons.""Just as it has already been ruled that an individual does not choose his sex or skin color, so he has no control over his sexual orientation. Even the National Insurance Organization recognizes the right of gays to receive posthumous benefits after a life partner dies," he added.
In response, the Tel Aviv municipality stated that "it recognizes the rights of cohabitating life partners, regardless of sexual orientation, as long as they prove their status as per the regular laws in Israel."
"In this case, the individual did not provide the requisite proof to be considered a cohabitating life partner and, as such, his request was rejected, with the explanation that he had the option of appealing the decision with the national labor court," the statement continued.
"It is important for us to emphasize that the municipality would have reached the same decision had the relationship in question between one between a man and a woman," it concluded.
