Rs 831.192.1 Order Of 2 December 1996 On The Administration Of Old-Age Insurance Compensation Fund And Survivors And Disability Insurance System Benefits For Loss Of Earnings (Order Concerning The Administration Of)

Original Language Title: RS 831.192.1 Ordonnance du 2 décembre 1996 concernant l’administration des fonds de compensation de l’assurance-vieillesse et survivants, de l’assurance-invalidité et du régime des allocations pour perte de gain (Ordonnance concernant l’administration des

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831.192.1 order for the administration of old-age insurance compensation fund and survivors and disability insurance system benefits for loss of earnings (order concerning the administration of the AVS compensation funds, from AI and APG) of 2 December 1996 (State October 1, 2012) the Swiss federal Council, under art. 109, al. 2, of the Federal Act of 20 December 1946 on old-age insurance (LAVS), under art. 79a of the Federal Act of 19 June 1959 on invalidity insurance (LAI), under art. 28, al. 4, of the Act of September 25, 1952, on allowances for loss of income (LAPG), stop: Chapter 1 organs Section 1 Board of Directors art. 1 appointment and composition the federal Council shall appoint, on proposal of the Federal Commission on old-age insurance, survivors and disability, the Board of Directors common for survivors and clearing of old-age insurance fund, disability insurance and allowances for loss of income (Board of Directors) regime. A term lasts four years. the appointment may be renewed.
The federal Council may terminate the mandate of the members of the Board of Directors for proper reasons.
The Board has eleven members. The federal Council appoint the president and vice-president.
A representative of the federal Office for social security (BSV) and a representative of the Federal Administration of Finance (AFF) take part in an advisory at the meetings of the Board of Directors.

New content according to chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).
New content according to chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).
Introduced by chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).
New content according to chapter II O from 12 sept 10. 2007 concerning the repeal and adaptation of Ordinances in the context of the reorganization of the extra-parliamentary commissions, in force since 1 Jan. 2008 (2007 4525 RO).
New content according to chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).

S. 2taches the activity of the Board of Directors extends: a. to the clearing of old-age insurance fund and survivors (from the AVS buffer Fund; art. 107 LAVS); b. disability compensation fund (compensation fund of AI; art. 79 LAI and article 1 of the Federal law of June 13, 2008 on sanitation of disability insurance); c. to the compensation fund of the system of allowances for loss of income (compensation of the CPA Fund; art. 28 LAPG).

The Board of Directors: a. determines the organisation general compensation fund; b. Approves the staff of the Office of management; c. Approves the budget for the operation of the compensation fund expenses; d. refers to members of the Committee Governing Council; e. gives instructions to the Committee of Council of administration and the Director; f. issues guidelines on the placement of the fortune; g. ensures the solvency of the compensation fund; h. monitors investments; i. establishes the report and the annual accounts of the compensation fund; j. fills, jointly with the FSIO, public opinion on the financial position of the compensation fund. It defines the objectives, principles, implementing and monitoring of placement of the wealth so as to fully assume its role of ruling authority and meet the requirements of security, profitability and liquidity of the portfolio.

New content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).
RS 831.27 new content according to chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).

S. 3 procedure the president convenes the Board of directors when cases require it or at least three members at their request.
The Board of Directors deliberates validly when a majority of its members is present. Decisions are taken by an absolute majority. President voting; in the event of equality of votes, the tie broken.
In urgent cases, the president may vote in writing or by telephone. The decisions taken will be so recorded in the minutes of the next meeting. The al. 2 shall apply by analogy.

New content according to chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).

Section 2 Committee of the Board of Directors art. 4 composition the Committee of the Board of Directors is composed of the president, the vice-president and three members at least one of the Board of Directors.
A representative of the FSIO and a representative of the AFF participate with voice but without vote at the meetings of the Committee of the Board of Directors.

New content according to chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).

S. 5 tasks the Committee of the Board of Directors prepares all the Affairs of the Board of Directors.
It takes the necessary decisions for the management of current affairs.
Its tasks and responsibilities are laid down in detail by the Board of Directors.

S. 6 procedure the Chairman shall convene the Committee of the Board of Directors.
The Committee of the Board of Directors deliberates validly when the majority of members is present.
It shall take its decisions according to the same procedure as the Board of Directors.

Section 3 Office management art. 7status Management Agency is subject to the Board of Directors.

New content according to chapter I of O may 23, 2001, in force since 1 Jul. 2001 (RO 2001 1580).

S. 7aPersonnel the Board of Directors is competent to conclude, amend and terminate the working relationship of the Director, his replacement and the other members of the management.
Director and member of the Directorate in this case are competent to conclude, amend and terminate the reports of the other members of the staff work.
Service of the staff of the Office of management reports are governed by the legislation applicable to the personnel of the Confederation.
To recruit or retain highly qualified staff, the Board of Directors may, with the agreement of the federal Department of finance, to depart from the classification of a post and decide freely the starting salary of some people, as long as the situation of the labour market and promotion required.

Introduced by chapter I of O may 23, 2001, in force since 1 Jul. 2001 (RO 2001 1580).
New content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).
New content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).

S. 8 the Director tasks: a. directs the Office of management, in collaboration with the other members of the Directorate, according to specifications loads as enacted by the Board of Directors; b. prepares with the president the Affairs of the Board of Directors and the Committee of the Board of Directors; b. establishes with the president budget expenditures for operation of the compensation fund;
c. answers of the implementation of the decisions of the Board of Directors and the Committee of the Board of Directors; d. assumes the external relations of the compensation fund, agreement with the president of the Board of Directors.

The Director manages the business in accordance with the instructions of the Board of Directors and the Executive Board Committee.
The Director has a consultative voice at the meetings of the Board of Directors and the Executive Board Committee.

New expression according to the c. of o. October 27. 2010, in force since 1 Jan. 2011 (2010 5089 RO). It was taken into account this change throughout the present text.
New content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).
Introduced by chapter I of O may 23, 2001, in force since 1 Jul. 2001 (RO 2001 1580).
New expression according to the c. of o. October 27. 2010, in force since 1 Jan. 2011 (2010 5089 RO). It was taken into account this mod. throughout the text.
New content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).
Introduced by chapter I of O may 23, 2001, in force since 1 Jul. 2001 (RO 2001 1580).

Section 4 Auditors art. 9. the review body is the federal financial control. It can load the internal Inspectorate of the central compensation office to make certain revisions.
It provides a report to the federal Council and the Board of Directors on the results of its verifications.

New content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).

Section 5 Commissions of experts and outside specialists s. 10. the Board of Directors may establish commissions of experts and have recourse to external specialists.

Section 6Pouvoirs of representation art. 10. as a general rule, the organs of the compensation fund act towards third parties on behalf of the three funds of compensation set. When the circumstances so require, the bodies may also act on behalf of one, or even two compensation funds.

Chapter 2 Administration and accounting article Accounts 11Tenue compensation fund are administered in common.
The balance sheets and accounts of the compensation fund operating are required separately.

Investments and liquidity are managed in common. The share of each of the compensation fund is fixed monthly, in accordance with a distribution key laid down by the competent bodies, and presented in the three balance sheets and operating accounts. No cross-financing is allowed between the compensation fund, with the exception of short-term financial flows into the Treasury.
The Board of Directors may create a reserve of evaluation.

New content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).

S. 12risk of assets in an investment company with variable capital the Board of Directors may create one or more investment companies with variable capital (SICAV) in the art sense. 8, al. 1, of the Act of 23 June 2006 on collective investment schemes (CISA) in the form of another fund in traditional investments within the meaning of art. 70 CISA and transfer all or part of the assets of the compensation fund in the SICAV.
Only compensation fund may be entrepreneurs or investors shareholders of the SICAV.
The Governing Council of the compensation fund to ensure that the statutes of the SICAV shall include the following: a. the representatives of the Governing Council of the compensation fund are in the majority on the Board of Directors of the SICAV; two of these representatives should be proposed to the general meeting of the SICAV to the election to the Presidency and the Vice-Presidency of the Board of Directors; b. the conditions for hiring staff inspired by the personnel of the Confederation law; c. art. 6a, al. 1 to 4, of the Act of March 24, 2000, on the personnel of the Confederation (whistleblowers) shall apply by analogy to members of the governing bodies and the other staff members who receive a comparable remuneration.

The SICAV ensures its staff against the risks of old age, death and disability to pension fund PUBLICA.
The SICAV acts as employer for annuitants: a. covered it with old-age, invalidity or survivors of occupational pension began to be paid by the Federal Fund pension PUBLICA before the Foundation of the SICAV; b. whose invalidity pension began to be paid after the Foundation of the SICAV, while incapacity for work which the cause is at the origin of the disability occurred prior to processing of the reports working.

The art. 14, al. 1, let. (d), and 22 (a) whistleblowers shall apply by analogy.

New content according to chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).
RS 951.31 RS 172.220.1 s. Monthly 13Comptes at the end of each month, an operating account and a balance sheet separated are established for the compensation fund.

New content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).

S. 14Rapport and annual accounts the annual report of the Board of Trustees of the compensation fund is arrested at the end of the calendar year.
It contains: a. the annual accounts (balance sheets and operating accounts) of the compensation fund; b. information about the State and evolution of investments; c. information on the State of a possible reserve evaluation; d. the Auditors report; e. any other information essential to the supervision exercised by the Confederation and the activity of the organs of the compensation fund.

The Board of Directors determines the structure of the annual accounts in conjunction with the FSIO and the central compensation office.
The annual accounts provide information on the market value of investments.

New content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).
New content according to chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).

Chapter 3 provisions administrative s. 15 central compensation the central compensation office maintains the accounts of the compensation fund in accordance with the instructions of the Board of Directors.

S. 16 signature president and Director and, if unable to attend, alternates, collectively sign to the Governing Council and the Committee of the Board of Directors.
The Board of Directors determines cases where the right of signature can be delegated.


New content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).
Repealed by c. I to W of May 23, 2001, with effect from 1 July. 2001 (RO 2001 1580).

S. 17 repealed by the c. of o. October 27. 2010, with effect from 1 Jan. 2011 (2010 5089 RO).

S. 18 compensation and conditions of the agreement the federal Council fixed allowances of the members of the Board of Directors and those of the Committee of Directors, as well as other contractual conditions, and compensation for the members of the Board of Directors of the SICAV. Art. 6a, al. 1 to 4, whistleblowers shall apply by analogy to fees (ancillary benefits included) members of the Board of Trustees of the Fund compensation and those of the Board of Directors of the SICAV, as well as other contractual terms agreed with these people.
The Board of Directors decides the allocation of allowances to the members of the committees of experts and external specialists.

New content according to chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).
RS 172.220.1 new content according to chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).
New content according to chapter I of O may 23, 2001, in force since 1 Jul. 2001 (RO 2001 1580).

Chapter 4 provisions finals s. 19 repeal of the duty in force Ordinance of 27 September 1982 concerning the administration of the compensation fund of the old-age insurance and survivors is repealed.

(1982 1888 RO)

S. 20 entry into force this order comes into force on January 1, 1997.

Transitional provision of the amendment of October 27, 2010 the credit between the AVS and AI to the entry into force of this amendment shall be paid by an interest in conformity with market conditions.

RO 1996 3442 new content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).
RS 831.10 RS 831.20 RS 834.1 new content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).
New content according to chapter I to the O of 27 oct. 2010, in force since 1 Jan. 2011 (2010 5089 RO).
Introduced by the c. of o. October 27. 2010, in force since 1 Jan. 2011 (2010 5089 RO).
New content according to chapter I of O from August 29, 2012, in effect since Oct. 1. 2012 (2012 5055 RO).
RO 2010 5089 State on October 1, 2012

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