Kernrechtsfrage
How to calculate the static transitional guarantee under Art. 25 PUBLICA Act for a insured person aged between 55 and 65 at the reform date
Extrahierter Entscheid
The guarantee is based on the insured salary applicable on 1 January 2008, not on later salary increases before 1 July 2008, unless the change exceeded 10% under the old rules.
Extrahierte Begründung
Art. 25 is static and the materials show the guarantee is derived from the last salary in force before the Act's entry into force. Later increases before the reform do not enter the calculation unless they would have triggered an adjustment under the former scheme; otherwise the guarantee would no longer be static.