Kernrechtsfrage
Whether a 25% theoretical residual work capacity during the framework period must be counted as economically usable work capacity for contribution-time exemption under Art. 14 para. 1 lit. b AVIG.
Extrahierter Entscheid
No. For a 58-year-old insured person with lasting health limitations and only 25% residual capacity, the remaining theoretical capacity was not economically usable on the open labour market and therefore counted toward the exemption period.
Extrahierte Begründung
The court held that not only medical residual capacity matters, but also whether it can realistically be marketed economically. Given the claimant's age, long-lasting illness-related limitations, and the practical difficulties of finding part-time work shortly before retirement, the residual capacity was not reasonably exploitable.