Facts

E. (born in 1965) was employed part-time (60% of a full-time position) at school X in January 1999 with a monthly salary of CHF 2,690. She also had an income of CHF 175 from company Y AG. According to the statement of 1 February 1999, the unemployment insurance fund determined that E. was not entitled to unemployment benefits in the form of compensatory payments for January 1999, as her total income of CHF 2,865 exceeded the insured salary of CHF 3,482. E. appealed against this decision. The Social Insurance Court of the Canton of Zurich upheld the appeal and referred the case back to the insurance fund to recalculate the entitlement to compensatory payments for January 1999. The State Secretariat for Economic Affairs (SECO) then appealed against this decision.

Considerations

The Federal Social Insurance Court considers that in examining the entitlement to compensatory benefits under Art. 24 UIA, the income from several part-time activities must be aggregated. Only the total income of the insured person, compared to the…