Facts
The case concerns the calculation of supplementary pensions from the accident insurance for a disabled insured person and their survivors. The insured person had been engaged in both employed and self-employed activities.
According to the legal provisions of the Accident Insurance Act (UVG) and the Accident Insurance Ordinance (UVV), disabled persons and survivors are entitled to supplementary pensions if they also receive pensions from the Disability Insurance (IV) or Old-Age and Survivors' Insurance (AHV). These supplementary pensions are intended to prevent over-insurance.
The "insured earnings" are decisive for the calculation of the supplementary pensions. The UVV provides for disabled persons that, in addition to the insured earnings, income from self-employment up to the maximum amount of the insured earnings must also be taken into account. However, the UVV does not contain such a provision for survivors.
Considerations
The Federal Supreme Court considers this different treatment of disabled persons and survivors to be problematic. It states that there is no reasonable justification for taking into account income from self-employment in the calculation of the supplementary pension for disabled persons, but not for survivors.
The Federal Supreme Court therefore corrects the ordinance provision and decides that income from self-employment must also be taken into account,…