Facts
Franziska Fahrländer, born in 1955, received a simple orphan's pension from the OASIA until the completion of her training as a gymnastics teacher (August 1978). From December 1979, she attended a ceramics course in Florence and again demanded the granting of the orphan's pension for the duration of the course attendance. The compensation fund rejected the request, but the OASIA Appeals Commission of the Canton of Zurich upheld it in principle. The compensation fund filed an administrative court appeal to have the lower court's decision overturned.Considerations
The Federal Court states that the term "education" within the meaning of Art. 25 para. 2 OASIA can cover both vocational training in the narrower sense and general educational measures. For vocational training in the narrower sense, the criteria developed by the court in previous decisions apply: It must be a systematic preparation for future gainful employment, in which the earned income is significantly lower than that of a fully trained employee.
In the present case, the respondent has credibly demonstrated that the ceramics course served as preparation for a planned training as a residential care worker. Although she did not immediately devote herself to this training after…