Facts

[A.], born in 1959, deregistered from the employment agency as of July 1, 2021 and applied to the Compensation Fund of Appenzell Ausserrhoden for the payment of bridging benefits for older unemployed persons. The Compensation Fund denied the claim, as the minimum insurance period of 20 years in Switzerland had not been met. The High Court of Appenzell Ausserrhoden dismissed the appeal filed against this.

[A.] filed an appeal in public law matters with the Federal Supreme Court. The issue was whether the lower court had violated federal law by denying a claim for bridging benefits.

Considerations

The Federal Supreme Court qualified the bridging benefits under the Federal Act on Bridging Benefits for Older Unemployed Persons (ÜLG) as pre-retirement benefits within the meaning of Art. 1 (x) of Regulation (EC) No 883/2004 on the coordination of social security systems. The following reasons in particular supported this:

  • The bridging benefits serve the social security of older persons who have exhausted their unemployment benefits until they reach the regular AHV retirement age and have a welfare character.
  • They differ from unemployment benefits, as they are intended to bridge the period until retirement rather than until reintegration into the labor market.
  • The eligibility requirements and the calculation bases differ…