Facts
This judgment deals with the question of how the degree of disability is to be determined in the calculation of pensions in social insurance. The appellant complains that the accident insurance rounded down the calculated degree of disability of 19.05% to 19% and calculated the pension accordingly. She argues that this contradicts the Federal Court decision BGE 127 V 129, according to which the degree of disability must be determined mathematically exactly and must not be rounded up or down.
The Federal Court first makes it clear that the rounding prohibition formulated in BGE 127 V 129 cannot be adhered to in full. In determining the degree of disability, the calculation process almost always results in values with several decimal places, which creates an impression of accuracy that is not accurate. Therefore, a certain amount of rounding up and down is unavoidable.
The Federal Court decides that in the future, the degree of disability is to be rounded up or down to whole percentage figures. The rules of mathematics are to be applied: Values up to 49.49% are rounded down to the next whole number, values from 50.50% are rounded up to the next whole number.
Considerations
The Federal Court justifies this change in case law by stating that the rounding up and down have the greatest impact on the borderline of legally defined benchmark…