Rs 831.131.11 Federal Decree Of October 4, 1962, The Status Of Refugees And Stateless People In The Federal Old Age And Survivors And Disability 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 decree concerning the status of refugees and stateless persons in old-age insurance and survivors and in disability insurance from October 4, 1962 (State October 1, 1996) the Federal Assembly of the Swiss Confederation, see article 34 of the federal constitution; seen the convention of 28 July 1951 relating to the status of refugees; considering the message of the federal Council on January 19, 1962, stop: art. 1 refugees in Switzerland 1. Right to pensions refugees who have their domicile and usual residence in Switzerland have right to ordinary old-age insurance and survivors pensions, as well as ordinary annuities and allowances for disabled of disability insurance on the same terms as Swiss nationals. Any person for which a pension is granted must personally fulfil the requirement of domicile and habitual residence in Switzerland.
Refugees who have their domicile and usual residence in Switzerland have right to pensions special old-age insurance and survivors, as well as disability, on the same terms as Swiss nationals if, immediately before the date from which they ask the pension, they have resided in Switzerland for an uninterrupted for five years.

New content according to point 2 of the annex to the Federal ACT of 7 October. 1994 (10 revision of the AVS), in force since Jan. 1. 1997 (RO 1996-2466-2490; FF 1990 II. 1) According to the same provision, the marginal titles have been replaced by median titles.

Art. 22. right to disability insurance rehabilitation measures refugees who exercise a gainful activity and who have their domicile and usual residence in Switzerland have right to rehabilitation measures of disability insurance on the same terms as Swiss nationals if, immediately before the occurrence of disability, they made contributions to disability insurance.
As they have their home and their habitual residence in Switzerland as refugees, persons without gainful activity and minors are entitled to rehabilitation measures of disability insurance on the same terms as Swiss nationals if, immediately before the occurrence of disability, they have resided in Switzerland for a year at least. Minors who have their domicile and usual residence in Switzerland were also entitled to such measures if they were born disabled in Switzerland or live there continuously since their birth.
Includes children born disabled in Switzerland children who have their home and their habitual residence in Switzerland, but who are born disabled abroad, if their mother has resided abroad two months immediately before their birth. The federal Council decides how disability supports expenses incurred abroad by disability.

New content according to point 2 of the annex to the Federal ACT of 7 October. 1994 (10 revision of the AVS), in force since Jan. 1. 1997 (RO 1996-2466-2490; FF 1990 II. 1)

Art. 3refugies foreign refugees who have left the Switzerland and have their home and their residence usual in a country with which the Switzerland has concluded an agreement on pension and survivors and disability insurance are assimilated to nationals of that country with regard to their rights to regular of these two insurance annuities.
Refugees who have their domicile and usual residence abroad and that paragraph 1 is not applicable are entitled to the reimbursement of their contributions in accordance with article 18, 3 paragraph, of the Federal law on old-age insurance and survivors (LAVS).

New content according to point 2 of the annex to the Federal ACT of 7 October. 1994 (10 revision of the AVS), in force since Jan. 1. 1997 (RO 1996-2466-2490; FF 1990 II. 1)
RS 831.10 art. 3 stateless persons the provisions of articles 1 to 3 apply by analogy to stateless persons.

Introduced by chapter I of AF of April 28, 1972, in force since October 1. 1972 (1972-2372-2373 RO; FF 1971 II 425).

Art. 4 entry into force and implementation the federal Council fixed the date of the entry into force of this stop.
Disability insurance benefits and old-age insurance and survivors pensions following on disability pensions, which are due under this order, will be granted also for the period prior to its entry into force; deadlines for applications for benefits as soon as possible run from that date.
The federal Council is responsible for the execution of this order; He is allowed to delete, insofar as it concerns the old-age insurance and survivors, the reservation made by Switzerland to article 24, number 1, letters a and b, and Figure 3, of the convention of 28 July 1951 relating to the status of refugees.
The federal Council is tasked with publishing this order in accordance with the provisions of the Federal law of June 17, 1874, on the popular votes on laws and federal decrees.

RS 0.142.30. The federal political Department was instructed to withdraw the reservation (para. 2 of the ACF of the 11 Feb 1963 - RO 1963 39).
[RS 1 162; RO 1962 827 art. 11 al. 3 RS 161.1 art. let 89. [b] final provisions of the amendment of April 28, 1972 II. the federal Council shall set the date of the entry into force of this order.
Benefits due to the stateless under this order will also be awarded for insured events that occurred before its entry into force; disability insurance benefits are however be granted only on condition that the insured still resides in Switzerland at the time of the entry into force of the order. The time limits for presenting claims at the earliest run from that date.

RO 1963 37 new content of the title according to section I of AF of April 28, 1972, in force since Oct. 1. 1972 (1972-2372-2373 RO; FF 1971 II 425).
RS RS 0.142.30 FF 1962 I 245 Al 101. 1 of the ACF of Jan. 11. 1963 (1963 39 RO) 1972 2372 RO; FF 1971 II 425 State 11. July 2006

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