Kernrechtsfrage
Whether the CHF 155,640 received for deleting the usufructs had to be treated as waived income in the EL calculation
Extrahierter Entscheid
No. The payment was equivalent to more than 90% of the capitalized annual value of the usufructs, so it was not a deemed income waiver.
Extrahierte Begründung
The court held that when a cash equivalent is received for the deletion of a valuable right, the compensation must be capitalized into a recurring benefit and compared with the surrendered annual value. Here the capitalized compensation reached 92.48% of the usufructs' annual value, thus satisfying the 90% equivalence threshold under the EL guidance.