§ 4 Verordnung über die Kantonsgarantie zugunsten der Pensionskasse für deren Ausfinanzierungsforderungen gegenüber Arbeitgebenden (Garantieverordnung) - Erlass der Grundsatzverfügung

2020.03.06.sv.1 · bl (Art. 4 Abs. 1 EOV)

Military Service Compensation Calculation Upheld

This provision was used to determine the daily compensation based on the vordienstliche (pre-service) income.

2020.03.06.sv.1 · bl (Art. 4 Abs. 2 erster Satz EOV)

Military Service Compensation Calculation Upheld

This provision was invoked by the plaintiff but ultimately not applied as the court found it unproven that he would have taken up longer-term employment or earned a significantly higher wage without performing military service.

750.18.32.161 · bl (Art. 4 Abs. 2 EOV)

Appellant v. Compensation Authority (Civil Service Earnings Replacement Allowance)

Used to determine that compensation should be calculated based on lost earnings when the insured person proves they would have taken up longer-term employment if not for performing civil service.

2018.06.21.sv.2 · bl (Art. 4 Abs. 2 zweiter Satz EOV)

Earning Replacement Compensation for Recent Graduate Performing Civil Service

This provision is used to determine that the compensation is calculated based on the typical starting salary in the relevant profession when a person has just completed their education before starting service.

2017.09.14.sv.2 · bl (Art. 4 Abs. 2 zweiter Satz EOV)

Daily Earnings Compensation for Economist After Graduation

The court applied this provision to rule that the insured's compensation should be calculated based on the locally customary starting salary for a Bachelor's graduate in economics, due to the legal presumption that such a graduate would have entered their learned profession.

2017.02.07.sv.1 · bl (Art. 11 Abs. 2 EOG i. V. m. Art. 1 Abs. 2 lit. b sowie Art. 4 Abs. 2 EOV)

Lost Earning Potential for Military Service Compensation

The case is remanded to the compensation fund to recalculate the earnings replacement compensation based on these provisions.

750.16.320 · bl (Art. 4 Abs. 2 EOV)

Appellant v. Compensation Fund: Lost Income Calculation

Used in conjunction with Art. 11 Abs. 2 EOG to allow the compensation to be calculated based on the wages lost or that would have been earned.