Facts
The insured person, born in 1962, is a profession of kindergarten teacher. Since she was unable to find a permanent position after completing her training on March 23, 1982, she held various part-time jobs, including as a nanny, household helper, and leader of a playgroup. In total, she accumulated contribution periods of 514 days and a gross income of CHF 73.85 from May 1, 1982 to December 31, 1983.
The Unemployment Insurance Fund calculated the insured earnings and daily allowance rate for the insured person as follows:
- Assessment period: January 1 to December 31, 1983
- Gross salary in this period: CHF 14,917.--
- Minus 25% vacation compensation: CHF 2,739.25
- Remaining insured earnings: CHF 12,177.75
- Daily earnings: CHF 12,177.75 / 285.6 days = CHF 42.65
- Insured monthly earnings: 30 x CHF 42.65 = CHF 1,279.20
- Daily allowance rate: 70% of CHF 1,279.20 / 22 days = CHF 40.70
The insured person disputed the correctness of the daily allowance rate and demanded a higher rate. The Insurance Court of the Canton of Bern partially upheld her appeal and increased the daily allowance rate to CHF 44.55.
Considerations
The Federal Supreme Court made the following decision
a) The framework period for the contribution period, in which the assessment period for the insured earnings falls, extends from January 1, 1982 to December 31, 1983. The salary from the activity as a kindergarten teacher from April 11 to July 8, 1983 is to be considered as the last normally earned…