Key Benefits:
On 26 May 1961 (State 1 Er January 2013)
The Swiss Federal Council,
See art. 81 of the Federal Act of 6 October 2000 on the General Part of the Law of Social Insurance (LPGA) 2 , given art. 154, para. 2, of the Federal Act of 20 December 1946 on old-age and survivors' insurance 3 (LAVS), given art. 86, para. 2, of the Federal Disability Insurance Act of June 19, 1959 4 (LAI), 5
Stops:
1 Repealed by c. I of O du 18 oct. 2000, with effect from 1 Er Apr 2001 ( RO 2000 2828 ).
The application of optional insurance is the responsibility of the Swiss Compensation Fund (hereinafter 'the clearing fund') and the DI Office for insured persons residing abroad.
1 New content according to the c. I of O du 18 oct. 2000, in force since 1 Er Jan 2001 ( RO 2000 2828 ).
The Swiss Representations lend their support to the application of optional insurance. They serve as an intermediary between insured persons and the compensation fund and may be called upon in particular to carry out the following tasks for persons in their consular districts:
1 New content according to the c. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ). See, however, disp. End. Of this mod. At the end of the text.
1 Repealed by c. I of the O of 16 March 2007, with effect from 1 Er Jan 2008 ( RO 2007 1359 ). See, however, disp. End. Of this mod. At the end of the text.
Insured persons are required to give the Swiss representation, the clearing fund and the DI Office for insured persons resident abroad, all the information necessary for the application of the optional insurance; upon request, they establish By parts the accuracy of their particulars.
1 New content according to the c. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ). See, however, disp. End. Of this mod. At the end of the text.
1 Repealed by c. III of the O of 11 Oct. 1972, with effect from 1 Er Jan 1973 (RO) 1972 2560).
1 Persons who meet the conditions of insurance of s. 2, para. 1, LAVS, including those that are subject to mandatory DSA for a portion of their income.
1 New content according to the c. I of O du 18 oct. 2000, in force since 1 Er Apr 2001 ( RO 2000 2828 ).
2 Introduced by ch. I of the O of 7 Apr. 2004 ( RO 2004 2027 ). Repealed by c. II 1 of the O of 2 Nov 2005, with effect from 1 Er Apr 2006 (RO 2006 923).
1 The declaration of accession to the optional insurance must be filed in the form in writing with the compensation fund or, in the alternative, with the competent representative within one year of the departure of the insurance Required. After this period, it is no longer possible to join the optional insurance. 2
2 Membership takes effect upon exit from compulsory insurance.
1 New content according to the c. I of O du 18 oct. 2000, in force since 1 Er Apr 2001 ( RO 2000 2828 ).
2 New content according to the c. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ).
1 Repealed by c. I of the O of 29 Nov 1995, with effect from 1 Er Jan 1997 (RO) 1996 686).
1 Repealed by c. I of O du 18 oct. 2000, with effect from 1 Er Apr 2001 ( RO 2000 2828 ).
In the event of extraordinary circumstances where the applicant cannot be held liable, the compensation fund may, on request, extend the period of accession to insurance by one year or more. The granting or refusal of the extension must be notified in a decision subject to appeal.
1 New content according to the c. I of O du 18 oct. 2000, in force since 1 Er Jan 2001 ( RO 2000 2828 ).
Insured persons may terminate insurance for the end of a quarter.
1 New content according to the c. I of O du 18 oct. 2000, in force since 1 Er Jan 2001 ( RO 2000 2828 ).
1 Insured persons are excluded from optional insurance:
2 Before the expiry of the time limit, the compensation fund shall send to the insured under registered cover a summons threatening to exclude insurance. The threat of exclusion may occur when the summons is sent under s. 17, para. 2, 2 E Sentence. 3
3 The exclusion takes effect retroactively on the first day of the contribution year for which the contributions were not fully paid or for which the documents were not provided. Where the interest has not been fully paid, the insured person shall be excluded retroactively on the first day of the year in which the decision fixing those interests has entered into force. 4
4 There is no exclusion from insurance if the insured is prevented from paying the contributions in due time due to a force majeure or the impossibility of transferring the contributions to Switzerland.
1 New content according to the c. I of the ACF of 3 Apr. 1964, in force since 1 Er Jan 1964 (RO) 1964 332).
2 New content according to the c. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ). See, however, disp. End. Of this mod. At the end of the text.
3 New content according to the c. I of O du 18 oct. 2000, in force since 1 Er Jan 2001 ( RO 2000 2828 ).
4 New content according to the c. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ).
1 Insured persons who engage in a gainful occupation are required to pay contributions as of 1 Er January of the year following the date on which they were 17 years of age; this obligation ceases at the end of the month in which they reach age 64, for women, and 65 for men. 2
2 Insured persons without gainful employment are required to pay contributions as of 1 Er January of the year following the date on which they were 20 years of age; this obligation ceases at the end of the month in which they reach age 64, for women, and 65 for men. 3
3 They are deemed to have paid contributions themselves, provided that their spouse has made contributions equal to at least double the minimum contribution of s. 13 B :
1 Introduced by ch. I of O du 18 oct. 2000, in force since 1 Er Jan 2001 ( RO 2000 2828 ).
2 New content according to the c. I of the O of 23 Nov 2005, in force since 1 Er Jan. 2006 ( RO 2005 5633 ).
3 New content according to the c. I of the O of 23 Nov 2005, in force since 1 Er Jan. 2006 ( RO 2005 5633 ).
1 The contributions of insured persons carrying on a gainful occupation are equal to 9.8 % of the determining income. The insured must pay at least the minimum contribution of 914 francs per year.
2 Insured persons without gainful employment pay a contribution of between 914 francs and 22,850 francs per year, determined on the basis of their wealth and income earned in the form of an annuity. The assessment is calculated as follows:
| Fortune or annual income earned in an annuity, multiplied by 20 fr. |
Annual assessment (AVS + AI) fr. |
Supplement for each additional tranche of 50 000 francs of fortune or income acquired in the form of an annuity multiplied by 20 fr. |
|
| Less than |
550,000 |
914 |
- |
| 550,000 |
980 |
98 |
|
| 1,750,000 |
3,332 |
147 |
|
| 8 400 000 and more |
22,850 |
- |
|
1 Introduced by ch. I of O du 18 oct. 2000 ( RO 2000 2828 ). New content according to the c. I of the O of 21 Sept. 2012, effective from 1 Er Jan 2013 (RO 2012 6337).
1 The contributions are fixed in Swiss francs for each contribution year. The contribution year is the calendar year.
2 The contributions of insured persons carrying on a gainful occupation are determined on the basis of the income actually acquired during the contribution year; those of insured persons without gainful employment are determined on the basis of income in the form of an annuity Acquired during the year of contribution and fortune on December 31. For the establishment of income from the self-employed activity, the equity capital employed in the business at the end of the contribution year is determinative. The interest of the capital to be deducted from income is determined under s. 18, para. 2, of the Old Age and Survivors Insurance Regulations of October 31, 1947 2 The interest rate is rounded to the nearest half-per-cent or lower.
3 The amount of income or capital is converted into Swiss francs in the average annual course of the contribution year defined in para. 1. The course is fixed by the compensation fund.
1 New content according to the c. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ).
2 RS 831.101
Insured persons may pay periodic installments during the year of assessment.
1 Introduced by ch. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ).
1 Insured persons must provide the compensation fund with the information necessary for the calculation of contributions within 30 days of the end of the year for which the contributions are due.
2 The clearing fund shall determine the contributions to be paid for the year of assessment and shall make that decision on 30 June at the latest of the year following the year for which the contributions are due. If the insured has elected to pay by instalments, the credit union establishes the balance between the contributions due and the payments made.
3 The contributions, or the contribution balance, must be paid within 30 days of the invoice date.
4 The compensation fund must reimburse or offset the overpayments.
1 Introduced by ch. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ).
1 Introduced by ch. I of the ACF of 3 Apr. 1964 (RO 1964 332). Repealed by c. I of O du 18 oct. 2000, with effect from 1 Er Jan 2001 (RO) 2000 2828).
1 Introduced by ch. II 3 of the O of 5 Apr. 1978 (RO 1978 420). Repealed by c. I of O du 18 oct. 2000, with effect from 1 Er Jan 2001 (RO) 2000 2828).
1 Repealed by c. I of the O of 16 March 2007, with effect from 1 Er Jan 2008 ( RO 2007 1359 ).
1 The contributions are due in Swiss francs.
2 They are paid in Swiss francs in Switzerland. 2
3 If the contributions cannot be transferred to Switzerland, their payment is deemed to be suspended until the transfer is possible. If the risk occurs during the stay, the non-prescribed contributions are offset by annuity arrears. 3
1 New content according to the c. I of O du 15 oct. 1975, in effect since 1 Er Jan 1976 (RO) 1975 1878).
2 New content according to the c. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ). See, however, disp. End. Of this mod. At the end of the text.
3 New content according to the c. I of the O of 16 March 2007, with effect from 1 Er Jan 2008 ( RO 2007 1359 ).
4 Repealed by c. I of the O of 7 Jul. 1982, with effect from 1 Er Jan 1983 (RO) 1982 1282).
1 The insured person who, within the prescribed period, does not give the necessary indications for the calculation of contributions shall receive within two months a written warning giving him an additional period of thirty days. In the event of failure to comply with this new time limit, the contributions will be fixed in an ex officio taxation decision, if the insured person has already paid contributions to the optional insurance. 2
2 The insured person who does not pay the matured contributions will receive a written warning within two months, giving him an additional thirty days. In the event of failure to comply with the new deadline, the compensation fund shall provide the insured with a final period of time and pay attention to the consequences of the failure to pay.
1 Insured persons who have not paid their contributions before the end of the year following the year of assessment are required to pay interest; these interests run as early as 1 Er January of the year following the year of assessment.
2 Where insured persons have paid dues unduly, the compensation fund must pay them remunerative interest; these interests run as early as 1 Er January that follows the year after the year of assessment.
1 New content according to the c. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ).
1 The contribution to administrative costs shall be equal to the maximum rate set out in the order of 11 October 1972 on the maximum rate of contributions to administrative costs in the AVS 2 .
2 The contribution is collected at the same time as contributions.
1 Introduced by ch. I of O du 18 oct. 2000, in force since 1 Er Jan 2001 ( RO 2000 2828 ).
2 [RO 1972 2513. RO 2009 5333 s. 2]. See the current 19 Oct O of the DFI. 2011 (RS 831.143.41 ).
1 The daily subsistence allowance and fixed in Swiss francs by the clearing fund. 1
2 Contributions that, at the time of realization of the insured risk, are considered contributions for which payment is deemed to be suspended under s. 16, para. 3, and are not prescribed, will be deducted from annuities due. The corresponding contribution years are taken into account when calculating the annuity. The contribution years from 1 Er January 1983, for which contributions remained unpaid and fall within the scope of the requirement, are not taken into account. 2
Annuities and daily allowances accruing to beneficiaries living abroad are paid directly by the clearing fund in the currency of the country of residence. If this appears sufficiently safe, the clearing fund may authorize payment to a bank account or bank account in Switzerland or in the country of residence of the person entitled to it.
1 New content according to the c. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ). See, however, disp. End. Of this mod. At the end of the text.
1 The compensation fund checks periodically whether the beneficiaries are still alive and whether their marital status has changed. For this purpose, they shall apply to them for a certificate relating thereto.
2 Certificates must generally be certified by the competent authorities of the country of residence. At the request of the person entitled or the compensation fund, they shall be attested by the Swiss representation. 2
1 New content according to the c. I of the O of 17 June 1985, in force since 1 Er Jan 1986 (RO) 1985 922).
2 New content according to the c. I of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ). See, however, disp. End. Of this mod. At the end of the text.
1 Repealed by c. I of O du 18 oct. 2000, with effect from 1 Er Jan 2001 ( RO 2000 2828 )
The provisions of the Regulation of 31 October 1947 2 On the old-age and survivors' insurance (RAVS) and the regulation of 17 January 1961 3 On Disability Insurance (DI), unless this order does not apply to it.
1 This order shall enter into force on 1 Er June 1961. It is also applicable to claims for benefits not liquidated at the time of its entry into force.
2 The order of 9 April 1954 concerning old-age insurance and optional survivors of Swiss nationals residing abroad 1 Is repealed.
3 The Federal Department of the Interior is responsible for enforcement; it may lay down additional requirements.
1 [RO 1954 540]
1 Contributions due for calendar years prior to the date of entry into force of this amendment shall be subject to the conditions set out in the former right.
2 Art. 3, 4, 5, 13, para. 1, 16, para. 2, 20, para. 1, and 21, para. 2, of the old right remain applicable to AVS/AI services which are maintained after 1 Er January 2008. The text of these articles is appended.
(c. II)
The content, as at 17 October 2006, of Art. 3, 4, 5, 13, para. 1, 16, para. 2, 20, para. 1, and 21, para. 2, referred to in the transitional provisions relating to the amendment of 16 March 2007, is as follows:
Art. 3 Responsibilities of the Swiss Representations 2
1 The Swiss Representations shall settle cases concerning persons in their consular districts and shall deal with them directly with the compensation fund; their powers shall include the following: 3
2 The powers referred to in para. 1 may be entrusted to a common centre at several Swiss representations referred to hereafter as "AVS/AI service". 7
Art. 4 Reimbursement of inspection fees and reports
1 The additional expenses of the Swiss Representations (personnel and equipment costs) caused by the application of Art. 3, para. 1, shall be reimbursed to the Federal Department of Foreign Affairs and placed at the expense of the clearing fund. 8
1bis The personnel and equipment costs of the AVS/AI services shall be reimbursed to their actual amount in the Federal Department of Foreign Affairs by the clearing fund. 9
2 Inspection reports to the Federal Department of Foreign Affairs will provide information on the management of optional insurance to the Swiss Federal Social Insurance Office and the clearing fund. 10
2bis The compensation fund is responsible for carrying out inspections of AVS/AI services. 11
Art. 5 12 Obligation to inform
Insured persons are required to give the Swiss representation, to the AVS/AI service, to the clearing fund and the DI Office for insured persons resident abroad, all the information necessary for the application of the optional insurance; on Request, they shall establish by parts the accuracy of their particulars.
Article 13, para. 1
1 Insured persons are excluded from the optional coverage if they have not fully paid the dues owing for a calendar year until December 31 of the following calendar year. The same shall apply if they do not submit to the Swiss representation, to the AVS/AI service or to the clearing fund until 31 December of the following year, the supporting documents requested. 13
Article 16, para. 2
2 They are paid in Swiss francs in Switzerland. With the agreement of the compensation fund, they may be paid to the Swiss representation abroad or to the AVS/AI service in the currency of the country of residence or, exceptionally, in another currency. 14
Article 20, para. 1
1 Annuities and daily allowances accruing to eligible persons living abroad shall be paid directly, by the compensation fund or by the Swiss representation or by the AVS/AI service, in the currency of the country of residence. 15 Upon request, they shall be paid in Swiss francs by the clearing fund of a designated representative in Switzerland. If this appears sufficiently safe, the clearing fund may authorize the payment to a bank account or bank account in Switzerland or the country of residence of the person entitled to it. 16
Article 21, para. 2
2 Certificates must generally be certified by the competent authorities of the country of residence. At the request of the person entitled or the compensation fund, they shall be certified by the Swiss representation or by the AVS/AI service. 17
1 Introduced by c. III of the O of 16 March 2007, in force since 1 Er Jan 2008 ( RO 2007 1359 ).
2 RO 1972 2560
3 RO 2000 2828
4 RO 1994 2168
5 RO 2000 2828
6 RO 2000 2828
7 RO 1999 2685
8 RO 1999 2685
9 RO 1999 2685
10 RO 2000 2828
11 RO 1999 2685
12 RO 2000 2828
13 RO 2000 2828
14 RO 1999 2685
15 RO 1999 2685
16 RO 1996 686, 1982 1282
17 RO 1999 2685
