Entitlement to unemployment compensation without deduction of a special payment from the employer

Facts

[M.], born in 1947, was employed as an administrative clerk at [X. AG] until her early retirement on November 30, 2009. On June 5, 2009, she registered with the employment office, and on October 13, 2009, she applied for daily allowances from the unemployment insurance. The Public Unemployment Office of the Canton of Aargau set the insured earnings at CHF 5,671, taking into account a special payment from the employer in the amount of CHF 9,529.

[M.] filed an appeal against the decision of the Unemployment Office dated April 14, 2010. The Insurance Court of the Canton of Aargau dismissed the appeal in its decision of January 25, 2011.

Considerations

The Federal Supreme Court states that the special payment from the employer in the amount of CHF 9,529 is a voluntary benefit with a pension character, but according to Art. 11a para. 3 AVIG in conjunction with Art. 10b AVIV, the loss of earnings is not considered as chargeable as long as voluntary payments from the employer cover the loss of earnings resulting from the termination of the employment relationship. Since voluntary…