Key Benefits:
2 December 1996 (State 1 Er October 2012)
The Swiss Federal Council,
See art. 109, para. 2, of the Federal Act of 20 December 1946 on old-age insurance (LAVS) 2 , given art. 79 A The Federal Disability Insurance Act of June 19, 1959 (ATIA) 3 , given art. 28, para. 4, of the Act of 25 September 1952 on Allowances for Loss of Gain (LAPG) 4 , 5
Stops:
1 The Federal Council appoints, on a proposal from the Federal Commission for Old Age and Disability Insurance, the Joint Board of Directors for the Old Age and Survivor Insurance Compensation Funds, Disability Insurance And the benefit loss benefit plan (Board of Directors). A term of office lasts four years; the appointment may be renewed 2 .
1bis The Federal Council may terminate the terms of reference of the members of the Board of Directors for just cause 3 .
2 The Board of Directors has eleven members 4 The Federal Council appoints the President and the Vice-President.
3 A representative of the Federal Office for Social Insurance (OFAS) and a representative of the Federal Administration of Finance (AFF) participate in the meetings of the Executive Board with a consultative vote 5 .
1 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 5055 ).
2 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 5055 ).
3 Introduced by ch. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 5055 ).
4 New content according to the c. II 10 of the O of 12 seven. 2007 concerning the repeal and adaptation of orders in the context of the reorganization of the extra-parliamentary commissions, in force since 1 Er Jan 2008 ( RO 2007 4525 ).
5 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 5055 ).
1 The activities of the Board of Directors include:
2 The Board of Directors:
1 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
2 RS 831.27
3 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 5055 ).
1 The President shall convene the Board of Directors when the cases so require or at least three members request it.
2 The Board of Directors shall deliberate when the majority of its members are present. Decisions are taken by an absolute majority. The President shall vote; in the case of equality of votes, he shall divide them 1 .
3 In urgent cases, the President may vote in writing or by telephone. The decisions taken will be recorded in the minutes of the next sitting. L' al. 2 shall apply mutatis mutandis.
1 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 5055 ).
1 The Board of Directors is composed of the Chair, the Vice-Chair and at least three members of the Board of Directors.
2 A representative of OFAS and a representative of the AFF shall participate with a consultative vote in the meetings of the Board of Directors 1 .
1 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 5055 ).
1 The Board of Directors shall prepare all matters of the Board of Directors.
2 It takes the decisions necessary to manage current affairs.
3 Its tasks and responsibilities are set out in detail by the Board of Directors.
The Management Board is subordinate to the Board of Directors.
1 New content according to the c. I of the O of 23 May 2001, in force since 1 Er Jul. 2001 ( RO 2001 1580 ).
1 The Board of Directors is responsible for concluding, amending and terminating the work reports of the Director, his or her alternate and other members of the Board of Directors. 2 .
2 The Director and the member of the Directorate responsible in this case shall be competent to conclude, modify and terminate the working reports of other staff members 3 .
3 The staff reports of the Management Board shall be governed by the legislation applicable to the personnel of the Confederation.
4 In order to recruit or retain particularly qualified staff, the Executive Board may, with the approval of the Federal Department of Finance, depart from the classification of a position and decide freely on the promotion and initial salary of Certain persons, provided that the labour market situation so requires.
1 Introduced by ch. I of the O of 23 May 2001, in force since 1 Er Jul. 2001 ( RO 2001 1580 ).
2 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
3 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
1 The Director:
1bis The Director shall administer the affairs in accordance with the instructions of the Board of Directors and the Board of Directors 6 .
2 The Director shall have a consultative vote at the meetings of the Board of Directors and the Board of Directors.
1 New expression according to c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ). This amendment has been taken into account throughout this text.
2 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
3 Introduced by c. I of the O of 23 May 2001, in force since 1 Er Jul. 2001 ( RO 2001 1580 ).
4 New expression according to c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ). This mod has been taken into account. Throughout the text.
5 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
6 Introduced by ch. I of the O of 23 May 2001, in force since 1 Er Jul. 2001 ( RO 2001 1580 ).
1 The review body is the Federal Audit Office 1 It can load the internal inspectorate of the clearing house to make certain revisions.
2 It provides a report to the Federal Council and the Board of Directors on the results of its audits.
1 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
As a general rule, the compensation bodies act towards third parties on behalf of the three set-off funds together. Where circumstances so require, the bodies may also act on behalf of only one or even two set-off funds.
1 Compensation funds are administered jointly.
2 The balance sheets and operating accounts of the compensation funds shall be kept separately.
3 Investments and cash flow are jointly managed. The share of each compensation fund shall be determined on a monthly basis, in accordance with a distribution key fixed by the competent bodies, and presented in the three balance sheets and operating accounts. No cross-financing is allowed between the compensation funds, with the exception of short-term cash flows.
4 The Board of Directors may create an evaluation reserve.
1 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
1 The Board of Directors may create one or more Variable Capital Investment Corporations (VAAEs) within the meaning of s. 8, para. 1, of the Act of 23 June 2006 on Collective Investments (CCPC) 2 In the form of another traditional investment fund within the meaning of s. 70 CCPC and transfer all or part of the capital of compensation funds in this or these VAAEs.
2 Only compensation funds can be entrepreneurs or investors who are shareholders of SICAVs.
3 The Board of Directors of Compensation Funds ensures that the statutes of the SICAVs include the following:
4 The SICAV provides staff against the risks of old age, death and disability from the institution of foresight PUBLICA.
5 The SICAV acts as an employer for annuitants:
6 Art. 14, para. 1, and d, and 22 A LPers apply by analogy.
At the end of each month a separate operating account and balance sheet shall be established for the compensation funds.
1 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
1 The annual report of the Board of Directors of Compensation Funds shall be adopted at the end of the calendar year 2 .
2 It contains:
3 The Board of Directors determines the structure of the annual accounts together with the OFAS and the Clearing House.
4 The annual accounts provide information on the value of the investments.
1 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
2 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 5055 ).
The Clearing House shall keep the accounts of the Compensation Funds in accordance with the instructions of the Board of Directors.
1 The Chairman and the Director and, in the event of incapacity, their alternates, shall collectively sign for the Board of Directors and the Board of Directors.
2 The Administrative Board shall determine the cases in which the right of signature may be delegated 1 .
1 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
2 Repealed by c. I of the O of 23 May 2001, with effect from 1 Er Jul. 2001 ( RO 2001 1580 ).
1 Repealed by c. I of the O of 27 Oct. 2010, with effect from 1 Er Jan 2011 ( RO 2010 5089 ).
1 The Federal Council shall fix the allowances of the members of the Board of Directors and of the members of the Board of Directors, as well as other contractual conditions, and indemnification of members of the Board of Directors of the SICAV. Art. 6 A , para. 1 to 4, LPers 2 Applies by analogy to the fees (ancillary benefits included) of the members of the Board of Directors of the compensation funds and those of the Board of Directors of the SICAV, as well as to the other contractual conditions agreed with These people 3 .
2 The Governing Council decides on the allocation of allowances to members of expert committees and external experts 4 .
1 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 5055 ).
2 RS 172.220.1
3 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 5055 ).
4 New content according to the c. I of the O of 23 May 2001, in force since 1 Er Jul. 2001 ( RO 2001 1580 ).
The Order of September 27, 1982 1 In respect of the administration of the Old Age and Survivor Insurance Compensation Fund is repealed.
1 (RO 1982 1888)
This order shall enter into force on 1 Er January 1997.
The existing credit between the DSA and the DI on the coming into force of this amendment shall be paid in accordance with the terms of the contract.
1 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
2 RS 831.10
3 RS 831.20
4 RS 834.1
5 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
6 New content according to the c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
7 Introduced by c. I of the O of 27 Oct. 2010, effective from 1 Er Jan 2011 ( RO 2010 5089 ).
8 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 5055 ).
9 RO 2010 5089