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RS 831.131.11 Federal Order of 4 October 1962 concerning the status of refugees and stateless persons in old-age and survivors' insurance and in invalidity insurance

Original Language Title: RS 831.131.11 Arrêté fédéral du 4 octobre 1962 concernant le statut des réfugiés et des apatrides dans l’assurance-vieillesse et survivants et dans l’assurance-invalidité

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831.131.11

Federal Order Concerning the Status of Refugees and Stateless Persons in Old Age and Survivor Insurance and in Disability Insurance 1

4 October 1962 (State 1 Er October 1996)


The Swiss Federal Assembly,

Having regard to Article 34 Cc Federal Constitution 2 ; Having regard to the Convention of 28 July 1951 3 On the status of refugees; given the message of the Federal Council of 19 January 1962 4 ,

Stops:

Art. 1 1 Refugees in Switzerland 1. Right to annuities

1 Refugees who have their homes and habitual residence in Switzerland are entitled to the ordinary pensions of the old-age and survivors' insurance, as well as to the ordinary pensions and the allowances for impotents of the invalidity insurance at the same time. Swiss nationals. Any person for whom an annuity is granted must personally satisfy the requirement of domicile and habitual residence in Switzerland.

2 Refugees who have their homes and habitual residence in Switzerland are entitled to the extraordinary pensions of the old-age and survivors' insurance, as well as the invalidity insurance, under the same conditions as Swiss nationals if, Immediately before the date on which they request the annuity, they resided in Switzerland in an uninterrupted way for five years.


1 New content according to the c. 2 of the annex to the PMQ of 7 Oct. 1994 (10 E Revision of the AVS), effective from 1 Er Jan 1997 (RO) 1996 2466 2490; FF 1990 II 1). According to the same provision, marginal titles have been replaced by medium titles.

Art. 2 1 2. Right to Disability Insurance Rehabilitation Measures

1 Refugees who engage in a gainful occupation and who have their domicile and habitual residence in Switzerland are entitled to the measures for the rehabilitation of invalidity insurance under the same conditions as Swiss nationals if, immediately before The supervenance of the disability, they contributed to the disability insurance.

2 As they have their domicile and habitual residence in Switzerland as refugees, persons without gainful employment and minors are entitled to the measures for the rehabilitation of invalidity insurance under the same conditions as Swiss nationals if, immediately before the occurrence of invalidity, they have resided in Switzerland for at least one full year. Minors who have their homes and habitual residence in Switzerland are also entitled to such measures if they have been born disabled in Switzerland or have been permanently resident in Switzerland since their birth.

3 Children who are born invalids in Switzerland are children who have their domicile and habitual residence in Switzerland, but who are born invalids abroad, if their mother has resided abroad for two months at the most immediately before their birth. The Federal Council decides on the extent to which disability insurance covers expenses incurred abroad by disability.


1 New content according to the c. 2 of the annex to the PMQ of 7 Oct. 1994 (10 E Revision of the AVS), effective from 1 Er Jan 1997 (RO) 1996 2466 2490; FF 1990 II 1).

Art. 3 1 Refugees Abroad

1 Refugees who have left Switzerland and who have their homes and habitual residence in a country with which Switzerland has concluded an agreement on old-age and survivors insurance and invalidity insurance are assimilated to the Nationals of that country in respect of their rights to the ordinary annuities of these two insurance undertakings.

2 Refugees who have their homes and habitual residence abroad and to whom 1 Er Paragraph shall not apply for the reimbursement of their contributions in accordance with Article 18, 3 E Paragraph, Federal Old Age and Survivor Insurance Act 2 (WASHERS).


1 New content according to the c. 2 of the annex to the PMQ of 7 Oct. 1994 (10 E Revision of the AVS), effective from 1 Er Jan 1997 (RO) 1996 2466 2490; FF 1990 II 1).
2 RS 831.10

Art. 3 Bis 1 Apatrides

The provisions of Articles 1 to 3 shall apply mutatis mutandis to stateless persons.


1 Introduced by ch. I of the AF of 28 April 1972, in force since 1 Er Oct. 1972 (RO 1972 2372 2373; FF 1971 II 425).

Art. 4 Entry into force and enforcement

1 The Federal Council shall fix the date of entry into force of this Regulation.

2 The benefits of the Disability Insurance and the Old Age and Survivor Insurance annuities, which are payable under this Order, will also be granted for the period prior to its coming into force; and Time limits for filing claims are as early as this date.

3 The Federal Council shall be responsible for the execution of this Order; it shall be authorised to delete, to the extent that it relates to old-age and survivors insurance, the reservation made by Switzerland in respect of Article 24 (1), (a) and (b), and Figure 3, of the Convention of 28 July 1951 1 On the status of refugees.

4 The Federal Council is responsible for publishing this Order in accordance with the provisions of the Federal Act of 17 June 1874. 2 Concerning popular votes on federal laws and orders.


1 RS 0.142.30 . The Federal Political Department has been instructed to withdraw the said reservation (al. 2 of the ACF of 11 January 1963-RO 1963 39).
2 [RS 1 162; RO 1962 827 art. 11 para. 3. RS 161.1 Art. 89 let. B]

Final Provisions of the Amendment of April 28, 1972 6

II

1 The Federal Council shall fix the date of entry into force of this Order.

2 Benefits due to stateless persons under this Order will also be granted for insured events which occurred prior to its entry into force; however, the benefits of invalidity insurance shall be granted only on condition that The insured still resides in Switzerland on the date of the entry into force of the order. The deadline for submitting claims is as early as this date.


RO 1963 37


1 New content of the title as per c. I of the AF of 28 April 1972, in force since 1 Er Oct. 1972 (RO 1972 2372 2373; FF 1971 II 425).
2 RS 101
3 RS 0.142.30
4 FF 1962 I 245
5 Al. 1 of the ACF of 11 January 1963 (RO 1963 39)
6 RO 1972 2372; FF 1971 II 425


State 11. July 2006