Adjustment of the insured income in case of partial incapacity for work without entitlement to a pension

Facts

The public unemployment insurance fund of the Canton of Solothurn had retroactively reduced the insured income of an unemployed person by 33.24% as of January 13, 2004, since the IV-Stelle (Disability Insurance Office) had determined a degree of disability of 33.24% in a decision dated January 9, 2004, without, however, granting an entitlement to a pension. The insured person filed a complaint against this.

Considerations

The Federal Supreme Court decided that Art. 40b of the Ordinance on Unemployment Insurance (AVIV) not only regulates the coordination between unemployment and disability insurance, but generally the delineation of the competence of unemployment insurance in relation to other insurance providers according to the measure of the ability to work. Therefore, an adjustment of the insured income to the remaining earning capacity must generally be made even if no disability pension is drawn.

However, basing this on the degree of disability determined in the IV procedure can be problematic in cases without entitlement to a pension and lead to unjust results. Therefore, in the present case, it must be examined as a preliminary question whether…