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RS 631.051 Order of 18 October 2006 concerning the Customs Personnel Provident Fund

Original Language Title: RS 631.051 Ordonnance du 18 octobre 2006 concernant la caisse de prévoyance du personnel des douanes

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631.051

Customs Personnel Provident Fund Order

18 October 2006 (State 1 Er May 2007)

The Swiss Federal Council,

See art. 93, para. 2, of the Customs Act of 18 March 2005 1 ,

Stops:

Section 1 General provisions

Art. 1 Legal form and purpose

1 The Customs Personnel Provident Fund (Provident Fund) is a special fund of the Confederation. His estate, on assignment, was a property of the Swiss Confederation.

2 The purpose of the Provident Fund is to improve the social situation of the members of the Federal Customs Administration (Customs Administration) and their families, in particular to alleviate the financial difficulties that have not occurred Had serious fault on their part.

Art. 2 Financial benefits

The Provident Fund provides financial benefits in the form of:

A.
Loans, except mortgages;
B.
Subsidies for the education of the children of the recipients of the benefits;
C.
Contributions to the costs of sickness of the recipients of benefits and their relatives;
D.
Contributions for other purposes than the commission (s. 7, let. (a) consider to be worthy of support.
Art. 3 Holiday apartments

The Provident Fund has holiday accommodation and makes them available on concessionary terms.

Art. 4 Conditions governing the granting of benefits

1 Can obtain benefits from the Provident Fund, upon request:

A.
Persons employed for an unlimited period of time and at least 50 % in the customs administration;
B.
Exceptionally, also persons employed for a limited period of time or less than 50 %;
C.
If circumstances warrant, retirees as well as widows, widowers and orphans.

2 Financial benefits are provided only to persons:

A.
Who cannot resort to other legal or contractual benefits or can use them only to an insufficient extent;
B.
Willing to cooperate and consent to prior consultation.
Art. 5 Principles of the provision of benefits

1 The Provident Fund allocates its benefits according to social criteria and ensures efficient and economical allocation.

2 There is no entitlement to benefits from the Provident Fund.

Art. 6 Source of funds and accounting

1 The Provident Fund finances:

A.
Its financial benefits by the general resources of the Confederation, by gifts and bequests, and by wealth within the meaning of art. 14, para. 1, let. A;
B.
Its holiday accommodation through rent, donations and bequests, and wealth within the meaning of art. 14, para. 1, let b.

2 It keeps separate accounts on its financial benefits and on holiday accommodation. These accounts consist of the results, balance sheet and inventory accounts.

Section 2 Bodies and procedure

Art. 7 Organs

The bodies of the Provident Fund are:

A.
The Commission;
B.
The secretariat.
Art. 8 Commission

1 The Commission is composed of:

A.
The President;
B.
Four members;
C.
Of four alternates.

2 The Director General of Customs is the President. He shall appoint two members and two alternates and appoint one of the two members as Vice-Chairperson.

3 The Customs and Border Guard Personnel Union designates two members and two alternates.

4 Members and alternates shall be appointed for an administrative period of four years. The term of office is limited to twelve years.

Art. Tasks of the Commission

1 The Commission:

A.
Liquidates all cases that it has not delegated to the secretariat;
B.
A decision on the use of the funds, insofar as this competence has not been delegated to the secretariat;
C.
Enacts a regulation and other implementing provisions;
D.
Establishes the budget, management report and annual accounts.

2 The decisions of the committee shall be final.

3 Applicants may require that their application be submitted for a decision to the Commission if the secretariat has not accepted it or has only partially met it.

4 The Regulation, the Management Report and the annual accounts are subject to the approval of the Federal Department of Finance (Department).

Art. 10 Tasks of the secretariat

The Secretariat shall manage the affairs of the Provident Fund on the terms of reference of the committee and in accordance with the Rules of Procedure.

Art. 11 Personnel costs and administrative costs

1 The Directorate General of Customs shall make available to the Provident Fund the staff necessary for the management of the latter.

2 It is also responsible for other administrative costs, with the exception of the management fees for holiday apartments.

Art. 12 Management of wealth

1 The cash fortune of the contingency fund is managed separately by the Federal Finance Authority (art. 52, para. 2, of the 7 Oct PMQ. 2005 on the finances of Confederation 1 ).

2 The remuneration of the cash in cash of the Provident Fund shall be governed by Art. 70, para. 2, of the order of 5 April 2006 on the finances of the Confederation 2 .

3 If the Confederation sells houses or apartments which it has rented to the Provident Fund, it credits the latter with an appropriate share of the costs of the major maintenance and modernisation that the Provident Fund has assumed in place. Of Confederation.


Art. 13 Revision Body

1 The review body shall be the inspection of the finances of the customs administration.

2 The review body shall:

A.
Checks whether the keeping of the books and the annual account comply with the legal requirements, the settlement of the Provident Fund and the other implementing provisions;
B.
May consult all necessary documents and require the bodies of the Provident Fund to provide verbal or written information;
C.
Reports to the Commission and the department on the results of the monitoring referred to in the letter. A.
3 Financial supervision of the Federal Audit Office remains reserved.

Section 3 Final provisions

Art. 14 Transfer of Capital in Cash

1 On the entry into force of this Ordinance, the cash fortune of the Provident Fund shall be divided into two on a fortune for:

A.
The benefits referred to in s. 6, para. 1, let. A;
B.
The benefits referred to in s. 6, para. 1, let. B.

2 The opening balance sheet is presented to the department for approval.

Art. 15 Repeal of the law in force

The Order of 1 Er July 1992 concerning the Customs Personnel Provident Fund 1 Is repealed.


1 [RO 1992 1330]

Art. 16 Entry into force

This order shall enter into force on 1 Er May 2007.



RO 2007 1705



State 1 Er May 2007