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RS 171.21 Federal Act of 18 March 1988 on the means allocated to the members of the Federal Assembly and on the contributions allocated to the groups (Law on means allocated to parliamentarians, LMAP)

Original Language Title: RS 171.21 Loi fédérale du 18 mars 1988 sur les moyens alloués aux membres de l’Assemblée fédérale et sur les contributions allouées aux groupes (Loi sur les moyens alloués aux parlementaires, LMAP)

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171.21

Federal Law on the Means Allocated to Members of the Federal Assembly and on Contributions to Groups

(Parliamentary Appropriations Act, LMAP) 1

18 March 1988 (State 1 Er September 2012)

The Swiss Federal Assembly,

Having regard to art. 79 and 83 of the Constitution 2 , 3 After consideration of a parliamentary initiative, having regard to the reports of the Bureau of the Council of States of 12 February 1988 and the Bureau of the National Council of 26 February 1988 4 ,

Stops:

Art. 1 1 Principle

1 The Confederation shall pay to the members of the Federal Assembly (hereinafter: Members of Parliament) compensation for the exercise of the parliamentary mandate.

2 They receive a contribution to cover the costs arising from their parliamentary activity.


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3629 ; FF 2002 3715 3737).

Art. 2 1 Annual allowance for the preparation of parliamentary work

Members receive an annual allowance of 26 000 francs 2 For the preparation of parliamentary work.


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3629 ; FF 2002 3715 3737). See, however, s. 15 A Below.
2 New amount as per c. I let. At the O de l' Ass. Fed. On 15 June 2012, in force since 1 Er Seven. 2012 ( RO 2012 4573 ; FF 2012 291 303).

Art. 3 1 Daily Allowances

1 For each day of work in which a Member attends a meeting of his or her Board, a committee or a delegation, his or her parliamentary group or committee, for each day on which he or she performs a special task at the request of the Chairman of the council or a commission, he shall be paid a daily allowance of 440 francs 2 .

2 In the event of illness or accident resulting in the inability to participate in the sittings and the loss of the daily allowance, the Member shall receive compensation of an appropriate amount. 3

3 Any Member who is absent on maternity leave continues to receive the daily allowance. Art. 35 A The Labour Act of 13 March 1964 4 Is applicable by analogy to the duration of maternity leave. 5


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3629 ; FF 2002 3715 3737).
2 New amount as per c. I let. B of the Ass O. Fed. On 15 June 2012, in force since 1 Er Seven. 2012 ( RO 2012 4573 ; FF 2012 291 303).
3 Introduced by ch. I of the LQ of Dec 13. 2002, effective from 1 Er Dec. 2003 ( RO 2003 3661 ; FF 2002 6597 6617).
4 RS 822.11
5 Introduced by ch. I of the LQ of Dec 13. 2002, effective from 1 Er Dec. 2003 ( RO 2003 3661 ; FF 2002 6597 6617).

Art. 3 A 1 Annual contribution to staff and equipment expenditures

Members receive an annual amount of 33,000 francs 2 As a contribution to the expenditure of personnel and equipment related to the exercise of their parliamentary mandate.


1 Introduced by ch. I of the PMQ of 21 June 2002 ( RO 2002 3629 ; FF 2002 3715 3737). New content according to the c. I of the PMQ of 20 March 2008, in force since 1 Er August 2008 (RO 2008 3459; FF 2008 117 129).
2 New amount as per c. I let. C of the Ass O. Fed. On 15 June 2012, in force since 1 Er Seven. 2012 ( RO 2012 4573 ; FF 2012 291 303).

Art. 4 1 Disorder for meals and nights

Members are paid for meals and nights.


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3629 ; FF 2002 3715 3737).

Art. 5 1 Travel Expenses

Members are paid for travel on national territory or abroad, provided that they are travel related to their parliamentary mandate.


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3629 ; FF 2002 3715 3737).

Art. 6 1 Long distance clearance

Members who, because of their remoteness from their homes, have to make particularly long journeys to Bern perceive a clear cut.


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3629 ; FF 2002 3715 3737).

Art. 6 A 1 Family allowances

Members receive the same family allowances as those granted to employees of the Federal Government in accordance with the Law of 24 March 2000 on the personnel of the Confederation 2 Family allowances received by the Member of Parliament or the other parent for another activity are counted. The Administrative Delegation of the Federal Assembly may enter into an affiliation agreement with the Fund for Family Allowances of the Federal Compensation Fund in accordance with the Act of 24 March 2006 on allowances Family 3 .


1 Introduced by ch. I of the LQ of Dec 13. 2002 ( RO 2003 3661 ; FF 2002 6597 6617). New content according to the c. II of the LF of 18 June 2010, in force since 15 Oct 2010. 2010 (RO 2010 4491; FF 2009 5491).
2 RS 172.220.1
3 RS 836.2

Art. 7 1 Prevoyance

1 Until the age of 65, any Member of Parliament receives a contribution in respect of old-age pension, invalidity and death.

2 The contribution is made by the Confederation:

A.
Or to an institution of foresight chosen by the Member and recognised by the Federal Act of 25 June 1982 on occupational pensions, survivors and invalidity 2 ;
B.
A linked individual foresight institution.

3 If a Member's contribution in respect of foresight cannot or may not be fully filed with an institution within the meaning of s. 2, the corresponding share of that contribution is transferred to an affiliated pension fund chosen by Parliament from an unregistered provident institution.

4 Any Member shall receive benefits in the event of invalidity or death, to the extent that he cannot receive equivalent compensation from other institutions of professional foresight or, if he has an independent profession, of recognised forms of Linked individual foresight.

5 The Order of the Federal Assembly regulates the terms and conditions.


1 New content according to the c. I of the 8 Oct PMQ. 2004, in effect since 1 Er Jan 2005 ( RO 2005 711 ; FF 2004 1363 1375).
2 RS 831.40

Art. 8 1 Accident and sickness insurance

1 Medicare and accidents are the responsibility of the Member of Parliament for his parliamentary activity in Switzerland.

2 The Confederation shall bear the costs of the illness or accident incurred during the performance of his duties by a Member who is staying abroad, provided that the costs are not already borne by sickness and accident Personal of the Member. The Order of the Federal Assembly of 18 March 1988 on the Law on the Means Allocated to Parliamentarians 2 Rules the terms.


1 New content according to the c. I of the LQ of Dec 13. 2002, effective from 1 Er Dec. 2003 ( RO 2003 3661 ; FF 2002 6597 6617).
2 RS 171.211

Art. 8 A 1 Transitional Help

1 A Member may apply for transitional assistance:

A.
When he or she leaves Parliament before the age of 65 and cannot obtain an income equivalent to the allowances he previously received;
B.
When it is in indigence.

2 Transitional assistance shall be paid to the Member for a period of up to two years, as replacement income.

3 The Administrative Delegation of the Federal Assembly decides on applications.


1 Introduced by ch. I of the LQ of Dec 13. 2002, effective from 1 Er Dec. 2003 ( RO 2003 3661 ; FF 2002 6597 6617).

Art. Allowances paid to committee chairmen and rapporteurs

1 Members receive a double daily allowance for each sitting during which they chair a parliamentary committee, a delegation, a section, a sub-committee or a working group. This rule does not apply to short meetings that take place during the session.

2 Members who report to the Board on a commission's terms of reference, receive a daily half allowance for each oral report.

Art. 10 Special Allowance

1 Members receive special compensation when they perform a special task on behalf of the chairman of the board, offices or commission (examination of specific issues, large files, etc.).

2 The Administrative Delegation of the Federal Assembly decides on the grant of the special allowance and fixes the amount. 1


1 New content according to the c. I of the PMQ of 20 March 2008, in force since 1 Er August 2008 ( RO 2008 3459 ; FF 2008 117 129).

Art. 11 Supplement for Chairs and Vice-Chairs

The Presidents and Vice-Presidents of both Houses receive an annual supplement.

Art. 12 Contributions Allocated to Groups

The groups receive an annual contribution to cover the costs of their secretariat, consisting of a basic amount and a fixed amount per Member of Parliament.

Art. 13 Representative fees and experts' fees

The costs of representing the councils, the chairs of the councils and the committees and the expenditure arising from relations with foreign parliaments and participation in the work of international parliamentary organisations, as well as The fees for the payment of experts and other persons consulted by the committees shall be covered by appropriations entered in the budget.

Art. 14 1 Enforcement of the Act

1 The Federal Assembly shall, by order, order the procedures for the implementation of this Law.

2 The Federal Assembly shall issue an order providing that at the beginning of each legislative term of the National Council, adequate compensation for the increase in the costs of allowances, clearing and contributions shall be paid in accordance with this Law.

3 Where there is doubt as to the right to compensation or clearing, or where a Member contests the accuracy of an account, the Administrative Delegation of the Federal Assembly shall decide.


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3629 ; FF 2002 3715 3737).

Art. 15 Repeal of the law in force

Federal Act of March 17, 1972 1 On benefits payable to members of the Legislative Councils and the Federal Order of June 28, 1972 2 In respect of the Law on Allowances are repealed.


1 [RO 1972 1516, 1981 1602, 1983 1940]
2 [RO 1972 1520, 1983 1442 1940 c. II]

Art. 15 A 1 Transitional provisions relating to art. 2

Due to budgetary restrictions, the annual allowance paid to Members for the preparation of parliamentary work is reduced by 3000 francs between 2004 and 2007.


1 Introduced by ch. I of the LF of 19 Dec. 2003, effective until 31 Dec. 2007 ( RO 2003 5007 ; FF 2003 5091 ).

Art. 16 Referendum and entry into force

1 This Act is subject to an optional referendum.

2 It shall enter into force on 1 Er July 1988.

Transitional Provision of the Amendment of 13 December 2002 5

Members who, in accordance with Art. 7 6 The Act of 18 March 1988 on the means allocated to parliamentarians (version of 4 October 1996) 7 , have the right to a contribution in respect of private professional foresight, continue to receive that contribution until the end of their parliamentary activity even after the entry into force of this amendment, provided that they have Exercised this mandate in an uninterrupted manner and reached the age of 65. The amounts collected are treated as income and are taxable.


RO 1988 1162


1 New content according to the c. I of the PMQ of 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3629 ; FF 2002 3715 3737).
2 [RS 1 3]. The provisions mentioned currently correspond to Art. 164, para. 1, let. G, of the Constitution of 18 April 1999 (RS 101 ).
3 New content according to the c. I of the LQ of Dec 13. 2002, effective from 1 Er Dec. 2003 ( RO 2003 3661 ; FF 2002 6597 6617).
4 FF 1988 II 849
5 RO 2003 3661 ; FF 2002 6597 6617
6 This article currently has a new content.
7 RO 1997 539; FF 1996 III 129 140


State 1 Er September 2012