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RS 831.192.1 Order dated December 2, 1996, for the administration of the Old Age and Survivor Insurance Compensation Funds, the Disability Insurance and the Benefit Loss Benefit Plan (Guidelines for 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 Respecting the Administration of the Old Age and Survivor Insurance Compensation Funds, the Disability Insurance and the Gain Loss Allowance Plan

(Guidelines for the Administration of AVS, AI and APG Compensation Funds) 1

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:

Chapter 1 Organs

Section 1 Board of Directors

Art. 1 Appointment and composition 1

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 ).

Art. 2 1 Tasks

1 The activities of the Board of Directors include:

A.
The Old Age and Survivor Insurance Compensation Fund (AVS; s. 107 WASHERS);
B.
The Disability Insurance Compensation Fund (AID; s. 79 ATIA and s. 1 of the June 13, 2008 PMQ on the remediation of disability insurance 2 );
C.
The compensation fund for the gain-loss benefit plan (APG Clearing Fund; art. 28 LAPG).

2 The Board of Directors:

A.
Determines the general organisation of the compensation funds;
B.
Approves the staff of the Management Board;
C.
Approves the budget for the operating expenditure of the compensation funds;
D.
Appoints the members of the Board of Directors;
E.
Provides the necessary instructions to the Board of Directors and the Director;
F.
Issues guidelines on the placement of wealth;
G.
Ensures the solvency of the compensation funds;
H.
Monitors investments;
I.
Draws up the annual report and accounts of the compensation funds;
J. 3
Informs, in conjunction with OFAS, the public opinion on the financial situation of the compensation funds.
3 It defines the objectives, principles, implementation and supervision of the placement of wealth in order to fully assume its role as the governing authority and to meet the requirements of security, profitability and Portfolio liquidity.

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 ).

Art. 3 Procedure

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 ).

Section 2 Board of Trustees Committee

Art. 4 Composition

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 ).

Art. 5 Tasks

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.

Art. 6 Procedure

1 The Chairman shall convene the Board of Directors.

2 The Board of Directors shall deliberate when the majority of members are present.

3 It shall take its decisions in accordance with the same procedure as the Administrative Council.

Section 3 Management Office

Art. 7 1 Status

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 ).

Art. 7 A 1 Staff

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 ).

Art. 8 Director Tasks 1

1 The Director:

A. 2
Directs the Management Board, in collaboration with other members of management, in accordance with a specification issued by the Board of Directors;
B.
Prepares with the President the affairs of the Board of Directors and the Board of Directors;
B Bis . 3 Establishes with the President the operating expenditure budget of the Compensation Funds 4 ;
C.
Responds to the implementation of the decisions of the Governing Council and the Board of Directors;
D. 5
Assumes external relations of the compensation fund, agreement with the President of the Board of Directors.

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 ).

Section 4 Review body 6

Art.

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 ).

Section 5 Commissions of experts and external experts

Art. 10

The Board of Directors may establish expert commissions and use external experts.

Section 6 7 Representation Authorities

Art. 10 Bis

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.

Chapter 2 Administration and accounting 8

Art. 11 1 Holding of accounts

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 ).

Art. 12 1 Transfer of assets to a variable capital investment company

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:

A.
Representatives of the Board of Directors of Compensation Funds are in the majority on the Board of Directors of the SICAV; two of these representatives are to be proposed to the SICAV General Assembly for the election to the Chair and to the Vice-Chair of the Governing Council;
B.
The terms and conditions for the hiring of staff are based on the law of Confederation personnel;
C.
Art. 6 A , para. 1 to 4, of the Act of 24 March 2000 on the personnel of the Confederation (LPers) 3 Shall apply mutatis mutandis to the members of the governing bodies and to other staff members who receive comparable remuneration.

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:

A.
Who report to her and whose old age, invalidity or survivors' pensions have started to be paid by the Federal Pension Fund PUBLICA before the founding of the SICAV;
B.
Whose disability pension began to be paid after the foundation of the SICAV, while the incapacity for work that caused the disability arose prior to the transformation of the work reports.

6 Art. 14, para. 1, and d, and 22 A LPers apply by analogy.

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 951.31
3 RS 172.220.1

Art. 13 1 Monthly Accounts

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 ).

Art. 14 1 Annual Report and Accounts

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:

A.
The annual accounts (balance sheets and operating accounts) of the compensation funds;
B.
Information on the status and evolution of investments;
C.
Information on the status of a possible evaluation reserve;
D.
The report of the review body;
E.
Any other information essential to the supervision of the Confederation and the activities of the bodies of the compensation funds.

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 ).

Chapter 3 Administrative provisions

Art. 15 Clearing Central

The Clearing House shall keep the accounts of the Compensation Funds in accordance with the instructions of the Board of Directors.

Art. 16 Signature

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 .

3 ... 2

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 ).

Art. 17 1

1 Repealed by c. I of the O of 27 Oct. 2010, with effect from 1 Er Jan 2011 ( RO 2010 5089 ).

Art. 18 Contract Allowances and Conditions 1

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 ).

Chapter 4 Final provisions

Art. 19 Repeal of the law in force

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)

Art. Entry into force

This order shall enter into force on 1 Er January 1997.

Transitional Provision of the Amendment of 27 October 2010 9

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.

RO 1996 3442

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

State 1 Er October 2012