Facts
The present judgment concerns the appeal of Ms. Urech against a decision of the Federal Appeals Commission for Old Age and Survivors' Insurance/Disability Insurance (AVS/AI) refusing to take into account, for the calculation of her AVS pension, the period during which she resided in Brazil with her husband, who was employed in Switzerland and affiliated with the compulsory insurance under Art. 1 para. 1 let. c OASIA.
The Federal Insurance Court has recently had the opportunity to examine this issue in an unpublished judgment (Chélétaieff of August 6, 1980) and concluded that the principle of the unity of the couple can only lead to an extension of the insured status of the husband to the wife in cases where this unity results from a particular legal situation, such as domicile in Switzerland or voluntary affiliation to the AVS. However, in the case of a Swiss national working abroad for an employer in Switzerland, the insured status of the wife cannot be extended beyond the service of the couple's pension.
Considerations
The Federal Court confirms this case law, considering that a reversal would not be justified in the present case. Indeed, the potential disadvantages of this solution, which…