Rejection of compensation for the refinancing costs of the cantonal pension fund by the compensation fund of the unemployment insurance

Facts

In the course of the merger of the Cantonal Pension Fund X. and the L. Pension Fund of Canton X. to form Pension Fund Y., Canton X. had taken over a deficit of CHF 715,700,000. This amount was to be repaid over 48 years in the form of annual annuities. Canton X. applied to have these annuities reimbursed as administrative and management costs of the unemployment insurance from the compensation fund. However, the State Secretariat for Economic Affairs (SECO) rejected this, as these were restructuring costs of the cantonal pension fund, which do not qualify as eligible costs under the Unemployment Insurance Act.

Considerations

The Federal Supreme Court confirmed SECO's rejection of the compensation. The costs of restructuring a public pension fund, which could only be maintained with a state guarantee due to massive underfunding, are not "eligible operating costs" within the meaning of the…