Facts
On May 7, 1999, E., born in 1943, applied for disability insurance benefits, as she had suffered an accident on May 10, 1997. She stated that she had been employed as an office clerk in the business of her husband, the electrical engineering firm X., from 1973 until the accident in 1997, and had earned an annual income of CHF 20,000.
The IV office of the Canton of Zurich determined a degree of disability of 71% using the mixed method applicable to partially employed persons and awarded the insured person a full disability pension effective May 1, 1998. The appeal filed by E. requesting the award of a supplementary pension for her husband was dismissed by the Social Insurance Court of the Canton of Zurich.
Through an administrative court appeal, E. requested that the contested decision be overturned and the matter be remanded to the IV office so that it could award her a supplementary pension for her husband in addition to the disability pension.
Considerations
According to Art. 34 para. 1 IVG, married persons entitled to a pension who were employed immediately prior to their incapacity for work are entitled to a supplementary pension for their spouse. The issue is whether the appellant is to be considered employed within the meaning of this provision.
The Federal Supreme Court holds that the concept of employment in social insurance law does not require either remuneration in the form…