Adjustment of the insured income in case of disability

Facts

A., born in 1962, was employed as a warehouse worker at B. AG since October 1, 2003. The employer terminated the employment relationship for health reasons effective October 31, 2014. The insured person registered with the unemployment insurance for benefit receipt as of November 1, 2014 on August 28, 2014. The Unia Unemployment Insurance Fund paid daily allowances based on an insured income of CHF 6,549.- and an intended employment rate of 100%.

The IV office of the Canton of Zurich, in a preliminary decision dated February 6, 2015, indicated that A. would receive a full disability pension at a disability rate of 100% as of October 1, 2014, a half disability pension at a disability rate of 58% as of March 1, 2015, and no pension entitlement at a disability rate of 36% as of April 1, 2015. Thereupon, the unemployment insurance fund informed him that the insured income would have to be adjusted to the disability rate determined by the disability insurance.

Considerations

The Federal Supreme Court states that, in principle, only the (not yet legally binding) decision of the disability insurance or another social insurance provides a sufficient basis for adjusting the insured income. Exceptions are cases in which the degree of incapacity for work is already foreseeable before the issuance of the disability insurance decision, for example, if no objections to the preliminary decision are to be expected or if a full disability pension is in prospect with remaining residual earning capacity.

In the present case, the insured person had raised objections to the preliminary decision and requested further medical clarifications. Therefore, the extent of the incapacity for work was…