Calculation of half-orphan's pensions based on the insured earnings of a Portuguese national

Facts

J., a Portuguese national born in 1973, was employed as a construction worker with a seasonal fixed-term contract at company X. since 2001 and was thus insured against the consequences of accidents with the Swiss Accident Insurance Fund (SUVA). On May 28, 2006, he died as a result of a traffic accident. The SUVA awarded half-orphan's pensions to his two children, M. (1997) and S. (2000), effective June 1, 2006, based on insured earnings of CHF 35,197.-.

The mothers of M. and S. filed appeals with the Social Insurance Court of the Canton of Zurich, which dismissed the appeals. The mothers then filed an appeal in public law matters, requesting that half-orphan's pensions be awarded based on insured earnings of CHF 57,000.-.

Considerations

The Federal Court dismissed the appeal. It stated that, according to Art. 22 para. 4 sentence 3 of the Ordinance on Accident Insurance (UVV), the actual wages earned during the fixed-term employment are decisive for the calculation of the half-orphan's pensions, without the need to convert them to an annual income. The coordination provisions of Regulation (EEC) No. 1408/71 do not oblige Switzerland to take into account the remuneration earned in Portugal when determining the insured earnings.

Furthermore, the Federal Court considered the restriction of the conversion to the…