Question juridique clé
Whether the insured person remained entitled to benefits until retirement on the original insured earnings basis despite a new benefit frame being opened after interim earnings.
Solution extraite
No. Because he had earned sufficient contributory time through interim employment, a new benefit frame had to be opened and the insured earnings recalculated on that later employment.
Motifs extraits
Art. 41b aAbs. 2 AVIV lawfully provided that the extended frame is replaced by a new frame once the conditions for a new frame are met. The resulting recalculation is a normal consequence of unemployment insurance rules and does not create an impermissible unequal treatment.