Reclaiming unemployment benefits upon retroactive granting of a full IV disability pension

Facts

J., born in 1949 and divorced, was employed as a warehouse worker/sales assistant from September 1, 1995. Due to illness, she was no longer able to perform this employment as of May 21, 2003. By letter dated November 18, 2003, the employer terminated the employment relationship as of January 31, 2004. During the reference period from July 1, 2004 to June 30, 2006, the Unemployment Insurance Office of the Canton of Zurich paid J. unemployment benefits.

J. had already applied for benefits from the Disability Insurance (IV) on April 13, 2004. The IV office of the Canton of Zurich granted her a half disability pension, based on a degree of disability of 57%, for the period from May to October 2004 and from July 2005 onwards. In partially upholding the objection filed against this, the IV office determined that J. was entitled to a three-quarter pension from May 2004 onwards, with a degree of disability of 63%. Accordingly, it ruled on October 18, 2006 for the period from May to October 2004 and from July to August 2005 a three-quarter pension. With the administrative acts of August 31, 2006 and October 18, 2006, it affirmed an entitlement to a full disability pension for the period from September 2005 onwards, with an unchanged degree of disability of 63%.

The Unemployment Insurance Office then demanded the repayment of unemployment benefits from J. in the amount of CHF 16,511.05, announcing the offsetting against the benefits of the Disability Insurance in the amount of CHF 7,858.25 and - subject to a possible offsetting against benefits from occupational pensions - the write-off of the remaining amount of CHF 8,652.80.

Considerations

The Federal Supreme Court dismisses the appeal. It holds that the reclamation by the Unemployment Insurance relates to the IV benefits that have been granted according to the degree of disability. It must be taken into account that the Office has already made a correction in the sense of a reclamation or offsetting with benefits from the Disability Insurance. The reclamation amount may not exceed the amount of the benefits paid by the…