Art. 40b Verordnung vom 31. August 1983 über die obligatorische Arbeitslosenversicherung und die Insolvenzentschädigung (AVIV) - Versicherter Verdienst von Behinderten

BGE 151 V 296 (Art. 40b OACI)

Unemployment insurance: placement ability of an insured with over 80% disability degree and 50% residual work capacity under Art. 15(2) LACI, and correction of insured earnings under Art. 40b OACI.

Applied as the legal basis for correcting the insured earnings, leading to the remand of the case.

605 2025 28 · fr (art. 40b OACI)

Unemployment Insurance Reduction Appeal Based on Residual Earning Capacity Assessment

The court confirmed the reduction of the insured earnings based on this article, which concerns the insured earnings of persons whose earning capacity is impaired due to health reasons.

P1 23 43 · vs (art. 40b OACI)

Unemployment Insurance Earnings Adjustment Based on Residual Earning Capacity

Mentioned in the title, but only included here because it was used in the substantive outcome (Order 1).

P1 23 43 · vs (art. 40b OACI)

Unemployment Insurance Earnings Adjustment Based on Residual Earning Capacity

The court confirmed the decision to reduce the insured earnings based on this provision, which adjusts earnings for pre-existing reduction in earning capacity due to disability.

S1 23 43 · vs (Art. 40b OACI)

Unemployment Fund Earnings Base Adjustment Due to Health Impairment

The court confirmed the reduction of the insured earnings based on this provision, which addresses gains reduced due to health impairment.

715.2023.362.53 · bl (Art. 40b AVIV)

Unemployment Benefits Recalculation Based on Earning Capacity

Cited as the coordination rule for determining the insured earnings based on the remaining earning capacity when an insured person receives unemployment benefits and later an IV pension.

A/3849/2022 · ge (art. 40b OACI)

Unemployment Overpayment Restitution Limited by Retroactive Disability Award

Cited in the reasoning (considerant 2.10) regarding the retroactive modification of the insured earning capacity following a disability decision.

605 2023 34 · fr (Art. 40b OACI)

Unemployment Benefits Earnings Calculation Based on Pre-Existing Reduced Capacity

The appeal was admitted and the case was remanded for recalculation of unemployment benefits based on a corrected insured earning, referencing the considerations where the inapplicability of this article was established.

S 2022 87 · gr (Art. 40b AVIV)

Appeal Dismissed for Refusal to Reconsider Final Decisions on Insured Earnings Reduction and Benefit Repayment

Cited in the context of adjusting the insured earnings due to a health-related impairment of earning capacity.

AVI.2022.34 · sg (Art. 40b AVIV)

Unemployment Insurance Earnings Recalculation Based on Disability Pension Assessment

Cited in the case header but not explicitly in the dispositive orders, however, the reasoning relies on this article for adjusting the insured earning based on residual earning capacity.

AVI.2022.16 · sg (Art. 40b AVIV)

Unemployment Benefit Repayment Offset by Retroactive Disability Pension

Cited in the reasoning (E. 4.3) regarding the adjustment of the insured earnings based on the residual earning capacity determined by the IV grade, which supports the finding that residual entitlement to ALV benefits exists only on a reduced basis.

720.22.227.143 · bl (Art. 40b AVIV)

Challenge to Disability Assessment for Unemployment Benefit Adjustments

This provision is relevant for coordinating benefits between unemployment insurance and disability insurance by adjusting the insured income based on remaining earning capacity.

A/1346/2022 · ge (Art. 40b OACI)

Unemployment Insurance Fund v. Claimant Regarding Insured Earnings Adjustment Due to Pre-existing Disability

The court upheld the reduction of the insured earnings based on the degree of disability, which is governed by this provision.

Arr.t.2022.321 · vd (Art. 40b OACI)

Unemployment Insurance Earnings Reduction Based on Prior Disability Assessment

Cited in the factual background section as the legal basis for correcting insured earnings based on effective earning capacity, although the final orders do not explicitly reuse it as the ground for the decision.

AL.2021.00273 · zh (Art. 40b AVIV)

Unemployment Benefits Reduced Based on Preliminary Disability Assessment

Determines that for insured persons who suffer a health-related impairment of their earning capacity immediately before or during unemployment, the relevant earning capacity is that which corresponds to their remaining earning capacity.