Facts
B., born in 1988, applied to the Old Age and Survivors' Insurance (AHV) Compensation Fund of the Canton of Graubünden for compensation for persons performing military service in the Swiss Armed Forces due to a lost monthly salary of CHF 6,900. He stated that he could have worked at company X AG instead of performing military service. The Compensation Fund and the lower instance dismissed the request, as B. was considered a non-employed person at the time of reporting for duty. B. appealed against this decision.Considerations
The Federal Supreme Court examined whether B. could credibly demonstrate that he would have taken up gainful employment of longer duration if he had not performed military service. According to Art. 1 para. 2 lit. b of the Ordinance on Earnings Compensation (EOV), it is sufficient if the commencement of gainful employment of at least one year or of indefinite duration is credibly demonstrated.
The Federal Supreme Court held that the voluntary decision to perform compulsory military service as a person performing continuous service does not preclude the invocation of Art. 1 para. 2 lit. b EOV. However, the credible demonstration of gainful employment of…