Rs 831.111 Order Of 26 May 1961 Concerning The Insurance Old-Age, Survivors And Disability Optional (Oaf)

Original Language Title: RS 831.111 Ordonnance du 26 mai 1961 concernant l’assurance-vieillesse, survivants et invalidité facultative (OAF)

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831.111 Ordinance the insurance old-age, survivors and disability optional (OAF) on 26 May 1961 (State 1 January 2013) the federal Council Swiss, view of art. 81 of the Federal law of 6 October 2000 on the general part of the law of social insurance (LPGA), view the art. 154, al. 2 of the Federal Act of 20 December 1946 on old-age insurance and survivors (LAVS), view the art. 86, al. 2, of the Federal Act of 19 June 1959 on disability insurance (LAI), stop: A. provisions general art. 1 repealed by no I of O from 18 oct. 2000, with effect from April 1. 2001 (RO 2000 2828).

Art. 2Caisse of compensation and Office AI application of optional insurance is the responsibility of the Swiss compensation Office (hereinafter "compensation fund") and of the di Office for insured persons residing abroad.

New content according to section I of the O from 18 oct. 2000, in force since Jan. 1. 2001 (RO 2000 2828).

Art. 3Attributions of the Swiss Swiss representations representations assist for the application of the optional insurance. They serve the need of an intermediary between the insured and the compensation fund and can be called to complete the following tasks to persons of their consular district including: a. learn about the existence of the optional insurance; (b) receive statements of membership and pass them on to the compensation fund; c. cooperate in the investigation of claims for benefits AVS and I; d. certify and transmit to the compensation fund certificates of life and civil status; e. pass the correspondence to the insured.

New content according to chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359). See, however, the disp. end of this mod at the end of the text.

Art. 4 repealed by no I of O on March 16, 2007, with effect from Jan 1. 2008 (RO 2007 1359). See, however, the disp. end of this mod at the end of the text.

Art. 5duty to inform policyholders are required to give to the Swiss representation to the compensation fund and the AI Office for insured persons residing abroad, all the information necessary for the application of the optional insurance; on request, they establish the accuracy of their information by pieces.

New content according to chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359). See, however, the disp. end of this mod at the end of the text.

Art. 6 repealed by no III of the O from 11 oct. 1972, with effect from Jan 1. 1973 (1972 2560 RO).

B. accession to the optional insurance art. 7faculte to ensure can optionally ensure those who meet the conditions of the art insurance. 2, al. 1, LAVS, including those that are subject to the compulsory AVS for a portion of their income.
...

New content according to section I of the O from 18 oct. 2000, in force since April 1. 2001 (RO 2000 2828).
Introduced by section I of O Apr 7. 2004 (RO 2004 2027). Repealed by no II 1 of O from 2 nov. 2005, with effect from April 1. 2006 (RO 2006 923).

Art. 8delai and terms of membership the declaration of accession to the optional insurance must be filed in writing with the compensation fund or, in the alternative, to the competent representation within a period of one year from the release of compulsory insurance. After this time, it is possible to join the voluntary insurance.
The membership takes effect right out of the compulsory insurance.

New content according to section I of the O from 18 oct. 2000, in force since April 1. 2001 (RO 2000 2828).
New content according to chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359).

Art. 9 repealed by no I of O from 29 nov. 1995, with effect from Jan 1. 1997 (RO 1996 686).

Art. 10 repealed by no I of O from 18 oct. 2000, with effect from April 1. 2001 (RO 2000 2828).

Art. 11Prolongation delays in extraordinary circumstances which the applicant can not be held responsible, the compensation fund may, on request, extend individually from one year to the most time for insurance. The granting or refusal of the extension must be notified in a decision subject to appeal.

New content according to section I of the O from 18 oct. 2000, in force since Jan. 1. 2001 (RO 2000 2828).

C. termination and exclusion of optional insurance art. 12termination the insured may cancel the insurance at the end of a quarter.

New content according to section I of the O from 18 oct. 2000, in force since Jan. 1. 2001 (RO 2000 2828).

Art. 13Exclusion insured persons are excluded from the voluntary insurance: a. If they have not paid full dues for a year of assessment to December 31 of the following calendar year (art. 14, para. 1); (b) if they have not paid interest (art. 18) at 31 December of the calendar year following the year during which the decision on those interests came in force; c. If they did not submit receipts that have been requested from the Fund compensation to December 31 of the year following the contribution year.

Before the expiry of the period, the compensation fund will send to the insured by registered mail, a summons the threat of exclusion of insurance. The threat of exclusion can intervene when the summons is sent according to the art. 17, al. 2, 2 sentence.
Exclusion takes effect retroactively to the first day of the assessment year for which contributions have not been fully paid or for which the documents were not handed over. When default interest have not been fully paid, the insured is excluded retroactively to the first day of the year during which the decision on those interests came into force.
There is no exclusion of insurance if the insured is unable to make contributions in good time as a result of force majeure or the impossibility to transfer the contributions in Switzerland.

New content according to chapter I of the ACF from 3 Apr. 1964, in force since Jan. 1. 1964 (1964 332 RO).
New content according to chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359). See, however, the disp. end of this mod at the end of the text.
New content according to section I of the O from 18 oct. 2000, in force since Jan. 1. 2001 (RO 2000 2828).
New content according to chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359).

D. contributions art. 13aPersonnes required to pay contributions holders who are engaged in gainful activity are required to pay contributions as of January 1 of the year following the date on which they were 17. This obligation ceases at the end of the month when they reach 64 years for women and 65 for men.
Insured persons without gainful activity are required to pay contributions as of January 1 of the year following the date on which they were 20 years; This obligation ceases at the end of the month when they reach 64 years for women and 65 for men.
Shall have paid for their contributions, as long as their spouse has paid contributions equivalent to at least double the minimum contribution of art. 13b: a. spouses without gainful activity of insured persons exercising a gainful activity; b. people who work in the company of their spouse if they have no cash wages.

Introduced by section I of O from 18 oct. 2000, in force since Jan. 1. 2001 (RO 2000 2828).
New content according to section I of the Nov. 23 O. 2005, in force since Jan. 1. 2006 (RO 2005 5633).
New content according to section I of the Nov. 23 O. 2005, in force since Jan. 1. 2006 (RO 2005 5633).

Art. Premium AVS 13bTaux / have the contributions of the insured exercising a gainful activity are equal to 9.8% of the determining income. Policyholders must pay at least the minimum contribution of 914 francs a year.
Insured persons not engaged in any gainful activity pay a contribution of between 914 francs and 22 850 francs per year, determined on the basis of their fortune and the pension income. The fee is calculated as follows: Fortune or annual pension income, multiplied by 20 fr.

Annual fee (AVS + I) fr.

Supplement for every additional 50,000 francs of fortune or pension, income multiplied by 20 fr.

less than 550 000 914 - 550 000 980 98 1 750 000 3 332 147 8 400 000 and 22 850 - introduced by section I of O from 18 oct. 2000 (RO 2000 2828). New content according to section I of the Sept. 21 O. in force since Jan. 1, 2012. 2013 (2012 6337 RO).

Art. 14Calcul of contributions, contribution year contributions are fixed in Swiss francs for each assessment year. The contribution year corresponds to the calendar year.
Contributions of insured persons exercising a gainful activity are determined on the basis of actually earned income during the year of assessment; those policyholders without gainfully are determined on the basis of income as an annuity acquired effectively during the assessment year and fortune on December 31. For the establishment of income from self-employment, own committed capital in the company at the end of the assessment year is critical. The interest in equity to deduct income is set under art. 18, al. 2, of the rules of 31 October 1947 on old-age insurance and survivors. The interest rate is rounded up to the half percent higher or lower the closer.

The amount of income or wealth is converted into Swiss francs at the annual average of the year of assessment defined in para. 1. the course is set by the compensation fund.

New content according to chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359).
SR 831.101 art. 14aAcomptes the insured may pay periodic payments during the contribution year.

Introduced by chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359).

Art. 14bFixation of contributions, balance and payment period the insured must provide the information necessary for the calculation of contributions within 30 days following the end of the year for which contributions are paid to the compensation fund.
The compensation fund fixed by decision the contributions payable for the year of assessment; She makes this decision on June 30 at the latest of the year following the year for which contributions are due. If the insured has chosen to pay by instalments, the Fund establishes the balance between dues and payments made.
Contributions, or the balance of the contribution, shall be paid within 30 days following the invoice date.
The compensation fund must repay or compensate the over-contributions.

Introduced by chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359).

Art. 14 introduced by chapter I of the ACF from 3 Apr. 1964 (1964 332 RO). Repealed by no I of O from 18 oct. 2000, with effect from Jan 1. 2001 (RO 2000 2828).

Art. 14 introduced by no II 3 of the O from 5 Apr. 1978 (1978 420 RO). Repealed by no I of O from 18 oct. 2000, with effect from Jan 1. 2001 (RO 2000 2828).

Art. 15 repealed by no I of O on March 16, 2007, with effect from Jan 1. 2008 (RO 2007 1359).

Art. 16Paiement of contributions contributions are due in Swiss francs.
They are paid in CHF in Switzerland.
If the contributions cannot be transferred to Switzerland, their payment will be deemed suspended until the moment where transfer is possible. If the risk occurs during the delay time, no prescribed contributions are offset by pension arrears.
...

New content according to section I of the O of 15 October. 1975, in force since Jan. 1. 1976 (1975 1878 RO).
New content according to chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359). See, however, the disp. end of this mod at the end of the text.
New content according to chapter I of the O on March 16, 2007, with effect from Jan 1. 2008 (RO 2007 1359).
Repealed by no I of O from 7 July. 1982, with effect from Jan 1. 1983 (1982 1282 RO).

Art. 17 summons the insured who, within the time limit, does not give the information necessary for the calculation of contributions will receive a summons written granting him an additional period of 30 days within two months. In the event of failure to comply with this new deadline, contributions will be set in an assessment of agency decision, if the insured has already made contributions to the voluntary insurance.
An insured person who does not pay the due contributions will receive a summons written granting him an additional period of 30 days within two months. In case of failure to comply with this new deadline, the compensation fund will outsource a last time to the insured and will alert to the consequences of failure to pay.

According to section III of the October 11 O. 1972, marginal titles have been replaced by median titles to 1 Jan. 1973 (RO 1972 2560) new content according to chapter I of the ACF from 3 Apr. 1964, in force since Jan. 1. 1964 (1964 332 RO).

Art. Default 18interets and remunerative interest holders who have not paid their dues before the end of the year following the contribution year must pay default interest; These interests run from 1 January of the year following the contribution year.
When the insured has paid unduly contributions, the compensation fund should pay remunerative interest; These interests run from January 1 following the year after the year of assessment.

New content according to chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359).

Art. 18aContribution to administrative costs contribution to administrative costs is equal to the maximum rate laid down in the order of 11 October 1972 on the maximum rate of contributions to administrative costs in the AVS.
The contribution is perceived at the same time that the contributions.

Introduced by section I of O from 18 oct. 2000, in force since Jan. 1. 2001 (RO 2000 2828).
[RO 1972 2513. RO 2009 5333 art. [2]. see the O of the DFI currently from 19 oct. 2011 (RS 831.143.41).

E. pensions and allowances art. 19 calculating and fixing pensions allowances daily and set in Swiss francs by the compensation fund.
Contributions which, at the time of the insured risk, are considered to be contributions whose payment is deemed suspended according to art. 16, al. 3, and are not prescribed, will be charged due pension deduction. The corresponding years of contributions are taken into account during the calculation of the pension. The years of contribution from 1 January 1983, for which contributions remained unpaid and are covered by the prescription, are not taken into account.

New content according to chapter IV of the ACF of Jan. 15. 1968, in force since Jan. 1. 1968 (1968 43 RO).
Introduced by chapter I of the ACF from 3 Apr. 1964 (1964 332 RO). New content according to chapter I of the O from 7 July. 1982, in force since Jan. 1. 1983 (1982 1282 RO).

Art. 20Paiement pensions and allowances going back to right holders who live abroad are paid directly by the compensation fund in the currency of the country of residence. If that sounds safe enough, the compensation fund may authorize the payment on postal account or a bank account in Switzerland or in the country of residence of the beneficial owner.

New content according to chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359). See, however, the disp. end of this mod at the end of the text.

Art. Caution 21Mesures the compensation fund checks periodically if rights holders are still alive and if their civil status is changed. To this end she asks them a certificate is relative.
As a general rule, certificates must be certified by the competent authorities of the country of residence. On request of the beneficial owner or the compensation fund, they are certified by the Swiss representation.

New content according to chapter I of O of June 17, 1985, in force since Jan. 1. 1986 (1985 922 RO).
New content according to chapter I of O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359). See, however, the disp. end of this mod at the end of the text.

F. ...

Art. 22 repealed by no I of O from 18 oct. 2000, with effect from Jan 1. 2001 (RO 2000 2828).

G. ...

Art. 23 and 24 repealed by section I of O from 18 oct. 2000, with effect from Jan 1. 2001 (RO 2000 2828) H. provisions final art. Applicable 25Dispositions the provisions of the regulation on 31 October 1947 on old-age insurance and survivors (RAVS) and the regulation of January 17, 1961, on disability insurance (di) are applicable, unless this order no exception there.

New content according to section I of the O of 15 October. 1975, in force since Jan. 1. 1976 (1975 1878 RO).
RS 831.101 RS 831.201 art. 26 entry into force and execution this order comes into force on June 1, 1961. It is also applicable to claims for benefits not liquidated at the time of its entry into force.
The order of April 9, 1954, on old-age insurance and optional survivors of Swiss nationals living abroad is repealed.
The federal Department of the Interior is responsible for enforcement; It may issue additional requirements.

[1954 540 RO]

Final provision of the amendment of November 29, 1995 final provisions of the amendment of October 18, 2000 final provisions of the amendment of March 16, 2007 dues for calendar years prior to the date of entry into force of this amendment shall be paid to the conditions provided by the old law.
The art. 3, 4, 5, 13, al. 1: 16, al. 2: 20, al. 1, and 21, al. 2, the old law remains applicable to the AVS services / I who remained after January 1, 2008. The text of these items is located in the annex.

Annex (ch. II) the content, at October 17, 2006, art. 3, 4, 5, 13, al. 1: 16, al. 2: 20, al. 1, and 21, al. 2, referred to in the transitional provisions respecting the amendment of March 16, 2007, is as follows: art. 3 powers of the Swiss Swiss representations representations settle Affairs regarding the persons of their consular district and treat this effect directly with the compensation fund; responsibilities include the following: a. receive statements of membership and check out the directions they contain; b. keep the role of the insured optionally; c. setting premiums; d. collect the contributions, as they are not paid directly to the compensation fund; e. receive insurance benefits applications and collaborate in the consideration of the merits of these applications; f. foreign pay cash benefits if they are not paid directly by the Fund compensation; g. settle up with the compensation fund contributions and cash benefits.


The powers referred to in para. 1 can be entrusted to a joint centre for several Swiss representations hereinafter referred to as "service AVS / I.
Art. 4 reimbursement of expenses and inspection reports (staff and material costs) Swiss representations additional spending caused by the application of art. 3, al. 1, shall be reimbursed to package to the federal Department of Foreign Affairs and put in charge of the compensation fund.
Costs of personnel and equipment the AVS services / I are reimbursed at the amount staff at the federal Department of Foreign Affairs by the compensation fund.
The federal Office of social insurance and compensation fund, inspection reports to the federal Department of Foreign Affairs will provide information on the management of optional insurance by the Swiss representations.
The compensation fund is responsible for carrying out inspections with the AVS services / I.
Art. 5 obligation to inform insured persons are obliged to give to the Swiss representation, the AVS service / have, to the compensation fund and the AI Office for insured persons residing abroad, all information necessary for the application of the optional insurance; on request, they will establish the accuracy of their information by pieces.
Art. 13, al. 1. the insured are excluded from optional insurance if they have not paid dues for one calendar year until 31 December of the calendar year following completely. It also applies if they do not call the Swiss representation at the AVS service / I or the compensation fund until 31 December of the following year receipts that have been required.
Art. 16, al. 2. they are paid in CHF in Switzerland. With the agreement of the compensation fund, they may be paid to the Swiss representation abroad or to the AVS service / have in the currency of the country of stay or, exceptionally, in another currency.
Art. 20, al. 1. pensions and allowances going back to right holders who live abroad are paid directly, by the compensation office or the Swiss representation or by the AVS service / have, in the currency of the country of residence. On request, they will be paid in Swiss francs by the compensation fund in hand of a designee in Switzerland. If that sounds safe enough, the compensation fund may authorize payment to a postal account or a bank account, in Switzerland or in the country of residence of the beneficial owner.
Art. 21, al. 2. certificates must generally be certified by the competent authorities of the country of residence. On request of the beneficial owner or the compensation fund, they will be evidenced by the Swiss representation or by the AVS service / I.

Introduced by section III of the O on 16 March 2007, in force since Jan. 1. 2008 (RO 2007 1359).
RO 1972 2560 RO 2000 2828 RO 1994 2168 RO 2000 2828 RO 2000 2828 RO 1999 2685 RO 1999 2685 RO 1999 2685 RO 2000 2828 RO 1999 2685 RO 2000 2828 RO 2000 2828 RO 1999 2685 RO 1999 2685 RO 1996 686, 1982 1282 RO 1999 2685 State on January 1, 2013

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