0.192.122.971.4 Exchange of letters of 26 October/12 December 1994 between the Swiss Confederation and the Bank for international settlements concerning the status of international civil servants of Swiss nationality with respect to social insurance (AVS/have/APG and AC) Swiss approved by the Federal Assembly on March 4, 1996, entered into force on 3 July 1996 (State October 1, 1997 text original the leader Bern) , on October 26, 1994 of the federal Department of Foreign Affairs Mr Wim F. Duisenberg President of the Bank for international settlements Basel Mr President, I have the honour to refer to discussions which took place between, on the one hand, representatives of the Bank for international settlements in Basel, hereinafter called the Bank, and other international organizations in Switzerland , and, on the other hand, my Department about a stop made on 25 February 1991 by the federal insurance Court. According to this decision, an international staff of Swiss nationality, who is exempt for accumulation of too heavy loads under art. 1, al. 2, let. b, of the Federal law on old-age insurance and survivors (LAVS), remains affiliated to the UI and is required to make the contributions are related. Invoking the freedom and the independence of international organizations and their officials should enjoy compared to the host State - that the Switzerland hears no question-, as well as the fundamental principle of equality of treatment between officials and based on the particular status that it enjoys in Switzerland under the agreement concluded with the Swiss federal Council on February 10, 1987 the Bank indicated that it could agree to such an affiliation.
On behalf of the Swiss federal Council, I have the honour to offer you effective January 1, 1994, officials of Swiss nationality of the Bank are no longer considered by the host State as being obligatorily insured to old-age insurance and survivors (AVS), disability insurance (have), insurance for loss, gain (APG) and unemployment insurance (UI) if they are affiliated to a pension system provided by the Bank. They will be able to join on a voluntary basis, either the AVS/have/APG/AC, only HQ, it being understood that such individual membership will cause no mandatory financial contribution on the part of the Bank. To do this, they must file their application for membership with the Swiss banks compensation fund within a period of three months from their affiliation to a pension system planned by the Bank, or for those who are already in the service of the Bank, within six months from the date of your reply to this letter.
In addition, I have the honour to propose that the spouses, Swiss or foreign international civil servants of Swiss nationality, who are domiciled in Switzerland, are more obligatorily insured for AVS/have/APG, when they are not gainful activity at the time of the affiliation of the international to the pension system official provided by the Bank or when they later cease their gainful activity. They will have the opportunity to join the AVS/have/APG on a voluntary basis. To do this, they will have to file their application with the compensation of the canton of their home office within a period of three months from the membership of the international civil servant to a pension system planned by the Bank, or within a period of three months from the cessation of their gainful activity or within six months from the date of your reply to this letter When the international civil servant is already in the service of the Bank. The regulation described above also applies to spouses - not enjoying privileges and immunities - foreign international civil servants, who are exempt from the Swiss social security under art. 1, al. 2, let. a, LAVS.
The insured may, at any time, terminate all of the insurance coverage they have chosen for the end of the current month. The insured to the AVS/have/APG/AC can however terminate only the AVS/have/APG and maintain their affiliation with HQ. The termination is valid for the duration of the commitment of the international staff in the service of the Bank. Subject to the special conditions set out in this letter, the provisions of the AVS/have/APG/AC will apply to them. Those of the insured not completing their obligations within the prescribed time excluded after summation.
The Bank provides to the federal Department of Foreign Affairs the list on January 1, 1994, of officials of Swiss nationality, affiliated to this date to a pension system planned by the Bank and shall in writing notify each entry or exit of a Swiss official audit or the system.
Would you please kindly let me know if the above meets your approval. If so, this letter and your reply constitute an agreement by way of exchange of letters. The latter will take effect the day of the notification by the federal authorities for the fulfilment of the constitutional formalities required for this purpose. Until that date, and as of January 1, 1994, it will be applied on a provisional basis.
He can there be terminated by one or the other party, for the first day of a calendar year, a notice written in twelve months.
Please accept, Sir, the assurance of my high consideration.
Flavio Cotti federal Advisor on behalf of the Bank, I accept the provisions contained in your letter. Accordingly, your letter and mine is an agreement by way of exchange of letters. The latter will take effect the day of the notification by the federal authorities for the fulfilment of the constitutional formalities required for this purpose. Until that date, and as of January 1, 1994, it will be applied on a provisional basis.
Please accept, Mr. federal councillor, the assurance of my high consideration.
Wim F. Duisenberg 1997 635 RO; FF 1995 IV 749 art. 1 al. let 1. i of the AF of 4 March 1996 (RO 1997 609) RS 831.10 RS 0.192.122.971.3 State on November 5, 1999