Facts
In this case, the issue was whether the old-age benefit of CHF 4,368.- per month that the opposing party [A.] received due to his early retirement had to be fully deducted from the unemployment compensation.
The Unemployment Insurance Fund of the Canton of Zurich (ALK) had initially deducted the entire old-age benefit as well as an "AHV bridging pension" of CHF 2,141.- per month from the unemployment compensation. However, the Social Insurance Court of the Canton of Zurich overturned the ALK's objection decision and remanded the case for a recalculation of the unemployment compensation from November 2021 onwards. It took the view that only the part of the old-age benefit that was not based on voluntary employer contributions could be deducted from the unemployment compensation.
The ALK appealed against this judgment to the Federal Supreme Court. The Federal Supreme Court upheld the appeal and set aside the cantonal judgment insofar as it obliged the ALK to deduct only a part of the old-age benefit of CHF 4,368.- per month from the unemployment compensation.
Considerations
The Federal Supreme Court stated that old-age benefits from occupational pensions must be deducted from the unemployment compensation in accordance with Art. 18c para. 1 AVIG, regardless of whether they are based entirely or partially on voluntary employer contributions. The eligibility requirements under Art. 11a AVIG and Art. 10b AVIV, which regulate the postponement of the creditable loss of earnings in the case of voluntary employer contributions, do not preclude the deduction of the old-age benefit under Art. 18c AVIG.
The Federal Supreme Court emphasized that Art. 18c AVIG is to be understood as a coordination-law rule on overcompensation. Accordingly, all…