Facts
The dispute opposes the Compensation Fund of the Canton of Aargau (the appellant) and Suter as well as the High Court of the Canton of Aargau (the respondents). The central issue is whether an interruption of an apprenticeship or studies leads to the suspension of the entitlement to a child's pension.
Benjamin Suter passed his high school diploma examination in September 1973 and performed his compulsory military service starting from February 1974, after having temporarily worked in agriculture and forestry. The Compensation Fund considered that Suter was no longer entitled to the child's pension as of October 1973, as he was no longer in training according to the administrative guidelines.
Considerations
According to case law, an interruption of training due to compulsory military service does not result in the loss of the entitlement to a child's pension. Similarly, a gainful activity carried out between the end of secondary education and the beginning of military service or between two periods of service does not constitute an interruption of training, provided that higher education or another vocational training is resumed after military service.
In the present case, the Federal Insurance Court considers…