Questione giuridica chiave
Whether the CHF 84,000 salary credit booked on 30 November 2007 must be included in the deceased's insured earnings for survivor pension calculation.
Decisione estratta
No. The credit was booked only after the accident, so no enforceable wage claim existed at the time of the accident and it cannot count toward insured earnings.
Motivazione estratta
Under Art. 31 in conjunction with Art. 15 UVG and Art. 22(4) UVG, only wages earned within the year before the accident, including outstanding wage components to which a legal claim already exists, are relevant. A later salary credit decided after the accident, even if economically plausible, is not part of insured earnings. Otherwise the insurance principle would be undermined by retroactive wage increases made in knowledge of the accident.