Rs 172.222.1 Federal Law Of December 20, 2006, Governing The Federal Pension Fund (Publica, Lpublica Act)

Original Language Title: RS 172.222.1 Loi fédérale du 20 décembre 2006 régissant la Caisse fédérale de pensions (Loi relative à PUBLICA, LPUBLICA)

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172.222.1 Federal law governing the Federal Pension Fund * 1 (law on PUBLICA, LPUBLICA) of December 20, 2006 (Status January 1, 2012) the Federal Assembly of the Swiss Confederation, view the art. 113, al. 1, and 173, al. 2, of the Constitution, given the message of the federal Council of 23 September 2005, stop: Section 1 provisions general art. 1 purpose this law regulates the Organization of the Federal Pension Fund (PUBLICA) and defines its tasks and skills.

Art. 2 legal status and seat PUBLICA is an institution under public law of the Confederation having legal personality.
It has its headquarters in Berne and is on the register of commerce.

Art. 3 tasks PUBLICA provides staff of employers affiliated against the economic consequences of old age, disability and death. It implements the pension under the Federal Act of 25 June 1982 on occupational old age, survivors and disability insurance (LPP) and the Act of 17 December 1993 on free passage (FZG). She is on the register of occupational retirement provision.
The federal Council may entrust other tasks to PUBLICA insofar as they have an objective report with the business scope defined by this Act. The Confederation shall meet the costs involved.

RS 831.40 RS 831.42 art. 4 affiliation are affiliated with PUBLIC employers referred to in art. 32b of the Act of March 24, 2000, on the staff of the Confederation (FPL).
May also join PUBLICA employers who are close to Confederation or that satisfy a public task on behalf of the Confederation, a canton or a commune. PUBLICA shall decide on membership.
Membership is via the conclusion of a contract. The rules as well as the determination of administrative costs are part of this contract.

SR 172.220.1 art. 5 action against the third party responsible PUBLICA is subrogated, to the extent of regulatory benefits, to the rights of the insured and its survivors against any party responsible. The regulation and the scope of subrogation are governed by arts. 72 to 75 of the Federal law of 6 October 2000 on the general part of the law of social insurance (LPGA).

RS 830.1 art. 6 PUBLICA data processing processes personal data of insured persons and their close necessary for the implementation of the occupational.
If required by the performance of its tasks, it can process the following personal data: a. data on health; b. data relating to social measures and prosecution.

In order to control the data of the insured, PUBLICA can especially to compare its electronic with those of Swiss social insurance and pension institutions and foreign data, including the federal compensation fund, the central compensation Office, the Swiss Fund compensation, the military insurance, the national health fund Swiss insurance in case of accidents and the Agency HAVE for people living abroad.
The Committee of the Fund (art. 10, let. a) rule: a. data processing expertise; b. data retention time; (c) the Organization and operation of systems; (d) the security of the data.

Section 2 pension art. 7 constitution of professional associations for each of the employers who are affiliated to him, PUBLICA is a provident fund with the employer, its employees and the recipients of pensions under contracted retirement.
PUBLICA may be a common pension fund for several employers.
A pension fund can also be established or maintained in the case of an employer which fall as pension beneficiaries. If an employer wishes to remain affiliated to a pension fund without any employees, a new affiliate agreement must be concluded.

Art. 8 actuarial risk each pension fund pays its own actuarial risk.
PUBLICA is for all of the professional associations: a. a provision to compensate for fluctuations in actuarial risks related to death and disability cases that cannot be covered by risk premiums; the pension with no employees (art. 7, para. 3) are excluded; b. a provision for benefits in special cases of rigour.

Art. 9 joint body each pension fund has a joint body composed of representatives of the employer and the employees. Provident funds which are only recipients of pensions are released from this obligation if the Confederation, a canton or a commune guarantees the payment of benefits.
Any conclusion, modification or termination of a contract requires the participation and approval of the joint body.
The joint body assumes the duties and powers attributed to it by this Act, the operation and organization of PUBLIC regulation and the affiliate agreement.
The employer and its employees designate their representatives on the joint appeals body.

Section 3 Organization art. 10 organs the organs of PUBLICATION are: a. the Committee of the Fund (commission); (b) the Assembly of delegates; c. Management; d. the organ of control within the meaning of art. 53, al. 1, LPP.

RS 831.40 art. 11 tasks of the Commission the commission is the supreme organ of PUBLICATION. It provides management and monitors and controls management.
The commission notably has the following tasks: a. enter into and terminate contracts of affiliation; b. appoint management; c. designate the supervisory body and the pension expert; d. approve annual accounts; e. take remediation measures; f. determine the constitution of provisions within the meaning of art. 8, al. 2; (g) decide on the constitution of common professional associations (art. 7, para. 2); h. to designate the internal body of appeal referred to in art. 35, al. 1, FPL.

The commission shall in particular: a. operating and Organization regulations; b. the principles of the policy of risk management; c. the stores regulations and the reserves; d. the rules on investments, including investment strategies (art. 15, para. 2); e. the regulations on the processing of the data (art. 6, al. 4); f. costs regulations; (g) the regulation type of foresight; h. the contract type of affiliation.

RS 172.220.1 new content according to section I 2 of the Federal ACT of June 17, 2011, in force since Jan. 1. 2012 (2011 5583 RO; FF 2010 6433).

Art. 12 appointment and organization of the commission the commission is composed of 16 members appointed for four years.
The commission is composed of joint. The number of representatives of employers and employees by Provident Fund is determined according to the proportion of the mathematical reserve of this Fund in the overall mathematical reserve of PUBLICA. A seat at least respectively returned to all the administrative units of the federal administration decentralized to the senses of the art. 32, art. 2, FPL, and to all employers affiliated to the senses of the art. 4, al. 2 of this Act.
The employee representatives are elected by the Assembly of delegates.
Employers designate their representatives. They can regroup and appoint joint representatives.
The members appointed by the employees and employers do not have to be insured with PUBLICA.
The Committee constitutes itself. It can appeal to specialists and create committees, whose members are not required to sit in the commission.

SR 172.220.1 art. 13 meeting of the delegates of the Assembly of delegates is composed of employees of affiliated employers. It elects the representatives of the employees to the commission.
It can make proposals to the commission for everything that has to do with PUBLICA.
It will be informed each year of the business by the commission and management.
It includes 80 members. The number of delegates for a given pension fund is determined according to the proportion of the mathematical reserve of this Fund in the overall mathematical reserve of PUBLICA. The professional associations can regroup and appoint joint representatives.
The delegates are appointed for four years.

Art. 14 branch management manages the day-to-day business of PUBLICA. She participates in an advisory capacity at the sessions of the commission and its committees and can make suggestions. She appoints the staff of PUBLICA.
Management and the rest of the PUBLICA staff are subject to the FPL. They are insured with PUBLICA for their pension.

RS 172.220.1 Section 4 Placement of the fortune and presentation of the accounts art. 15Placement of wealth and revenue of the fortune fortune is placed in accordance with the principles adopted by the commission and the corresponding strategies of investment risk management.
The commission defines a distinct investment strategy for: a. the assets of the professional associations within the meaning of art. 7, al. 1; (b) the assets of the professional associations within the meaning of art. 7, al. 3; c. the other elements of the PUBLICA fortune, including provisions within the meaning of art. 8, al. 2, and operating capital.


Income or losses arising from the placement of fortune are distributed annually between the various professional associations and PUBLICA, according to their share in the assets and the investment strategy.
The joint body of each pension fund determines the allocation of revenues available to the Fund after feeding his provisions and regulatory reserves. For the professional associations within the meaning of art. 7, al. 3, the commission shall decide instead of the joint body.

New content according to section I 2 of the Federal ACT of June 17, 2011, in force since Jan. 1. 2012 (2011 5583 RO; FF 2010 6433).

Art. 16 PUBLICA assessment manages the pension according to the principle of the balance sheet closed cash.
A provident fund may derogate from the principle of the balance sheet cash closed if the Confederation, a canton or a commune guarantees the payment of benefits.

Art. 17 presentation of PUBLICA accounts keeps separate accounts for each of the professional associations affiliated.
If a pension fund includes several employers, PUBLICA may hold separate accounts for employers who request it. Employers are responsible for the additional costs involved.
Provisions within the meaning of art. 8, al. 2, are carried in the balance sheet of PUBLICA.

Section 5 provisions transitional art. 18 transfer of pension relationship upon entry into force of this Act, the provision of free passage by the FZG is credited to of the insured in the form of a lump sum.
The entry into force of this Act, an opening balance sheet is established for PUBLICA and each of the professional associations. It shows assets, liabilities, reserves, provisions and free funds.
Disability pensions who took birth under the old law, as well as regulatory supplements that are connected are listed such what. If benefit conditions change after the transfer, the entitlement to benefits is evaluated according to the provisions in force at that time.
Holders whose rights are governed by art. 71, al. 1, of the Ordinance of 24 August 1994 governing the Federal Pension Fund (statutes of the PSC) retain these rights after the entry into force of the new law. If the mathematical reserve is not enough to finance the benefits at the time of retirement, the employer pays PUBLICA the missing amount. It can use its reserves of employer contributions for this purpose.

RS 831.42 [1995 533 RO] art. 19 debt on the overdraft technical according to the statutes of the Confederation PSC covers the part of the technical overdraft in the final set to May 31, 2003 by the Federal (PSC) Pension Fund, namely 11 935 517 302 francs.
Member organizations transferred from the PSC to PUBLICA are indebted to their frozen technical overdraft, set during the period of validity of the statutes of the PSC. Organizations outputs of the PSC before June 1, 2003 are no other technical overdraft technical overdraft is frozen at the time the debtor. Special standards providing for the support of the missing mathematical reserve by the employer are reserved.
The Confederation may be responsible for all or part of the technical overdraft due by an organization affiliated with PUBLICA who is particularly close if the payment has serious financial implications for the organization. The federal Council determines the conditions, limits and terms of support.
Employers out of the PSC before June 1, 2003 for which no share frozen at the technical overdraft has been set for the duration of validity of the statutes of the PSC are debtors to no other technical discovered that the technical overdraft due calculated at the time of the release, in accordance with art. 59, al. 3, of the statutes of the PSC. Special standards providing for the support of the missing mathematical reserve by the employer are reserved.

[RO 1995-533-3705, 1999 2451. RO 2004 301 art. 1] art. 20 regulations and compensation of the debt on the overdraft technical the Confederation reimbursed until May 31, 2008 debts on the technical overdraft within the meaning of art. 19, al. 1. debts on overdraft technical PUBLICA affiliates must be repaid within the time fixed by contract with the PUBLICA, this time not to exceed eight years after the entry into force of this Act.
Confederation pays the debts on the technical overdraft supported when serious financial consequences to the senses of the art. 19, al. 3, within five years from the approval part or all of the request is relative.
Technical overdraft debt bear interest at the applicable to active members technical interest rate.
The burden for Confederation the repayment of the debt on the technical overdraft is brought to the balance sheet; she pays the following years in the income statement.

Art. 21 removal of safeguards of the Confederation under reserve of the al. 2, are removed with retroactive effect guarantees that provided for in the opening balance sheet of PUBLICA Confederation would take to cover the missing mathematical reserve: a. in the case where PUBLICA would fail to recover in court his claims against organizations affiliated during the retirement of women rights guaranteed under art. 74 of the Ordinance of April 25, 2001 insurance in the base of the Federal pension plan; (b) in the case where the new provisions relating to voluntary early retirement might not enter into force on January 1, 2005: up to their entry into force, but at the latest until the expiry of any transition period; (c) in the case where a right to a pension benefit that originated before the transfer would have been confirmed by an executory judgment against PUBLICA or Confederation, particularly in the case of a trial that was ongoing at the time of the transfer.

The guarantee of Confederation within the meaning of para. 1, let. c, continues to apply to far-reaching financial disputes. Are deemed such judgements which, because of their previous character, require adaptation of the insurance conditions and, because of the amount of the missing mathematical reserve or generated work in PUBLICA by adaptation of the insurance conditions, resulting in extraordinarily high fees.

SR 172.222.034.1 art. 22 operating capital the Confederation pays publica one single 10 million francs to finance initial operating costs necessary for the creation of PUBLICA at 1 June 2003 amount.

Art. 23 single payment of the Confederation in favor of membership of the beneficiaries of pensions the Confederation pays publica, in the form of a lump sum, the amount needed to fill the technical overdraft arising, the day of the entry into force of this Act, of the reduction referred to in para. 3 of the technical interest rate applicable to the number of pension recipients defined in para. 2. the number of recipients of pensions consists of the beneficiaries of retirement pensions, disability or survivors pensions started before the entry into force of this Act, including the beneficiaries of pensions remained affiliated to the PSC while their employer left her before June 1, 2003 (number closed of pensioners).
The technical interest rate is reduced to 3% for the number closed of pensioners and 3.5% for all other beneficiaries of pensions.
The amount owed by the Federal Government under para. 1 is reduced by the amount of the provision by PUBLICA membership closed of pensioners.
PUBLICA distributes the single payment of Confederation between the various professional associations, in proportion to the various technical interest rate (para. 3) and the mathematical reserve of their number of recipients of old age pensions, invalidity and survivors.
The Confederation does not assume because of this single payment no obligation an employer with respect to the number of beneficiaries of pension within the meaning of para. 2, especially with respect to the number closed of pensioners. Obligations of the employer with respect to its own beneficiaries of pension (art. 32 b, para. 1, FPL) are reserved.

SR 172.220.1 art. 24 constitution and dissolution of the staff closed of pensioners pension a pension fund is managed for each number closed of beneficiaries of pensions; the constitution of common professional associations is possible. The commission assumes the function of a joint body. In the event of transfer of the beneficiaries of pensions in the Provident Fund of the Confederation within the meaning of para. 4, the joint body that takes over this function.
The dissolution of the pension of a number closed of pensioners is governed by the principles applying to the wind-up. Any surplus of fortune is distributed between the remaining funds in proportion to their technical reserve.

If the last staff closed pensioners Welfare Fund has more beneficiary pension and free funds remain after its dissolution, they are attributed to the pension of the Confederation.
The federal Council may prematurely dissolve the number closed of pensioners and transfer the remaining people as well as the available pension assets in its pension fund. Even in this case, former employers remain responsible for the financing of a possible extraordinary adaptation to higher prices.

Art. 25 the transitional generation retirement pensions guarantee all active members who have reached 55 years of age but have not yet 65 at the entry into force of this Act are entitled to a guarantee static of the representing 95% of the retirement pension granted they would have seen at age 62 in virtue of the old law , but at least in the old age benefits provided under this Act. If the voluntary early retirement occurs before the age of 62, the guaranteed right is reduced in actuarial. PUBLICA supports the costs arising from the guarantee of the acquis.

Art. 26 preparations for the transition to the collective institution PUBLICA the employer and its employees designate their representatives on the joint appeals body before the entry into force of this Act.
The joint body formed under para. 1. take the necessary measures so that the affiliate agreement and the rules could take effect on entry into force of this Act.
The former Commission of the Fund within the meaning of the law of 23 June 2000 on the PSC makes the necessary decisions before the entry into force of this Act. The commission within the meaning of this Act should be formed within a period of one year from the entry into force of the latter. Until the establishment of this commission, the former Commission on the Fund assumes the tasks provided for in art. 11 of this Act.

[RO 2001 707, 2004 5265, 2006 2197 annex ch. 13, 2007 2821]

Section 6 provisions final art. 27 repeal of the law on the PSC on June 23, 2000 on the PSC Act is repealed.

[RO 2001 707, 2004 5265, 2006 2197 annex ch. 13, 2007 2821]

Art. 28 change of the law in force the change in the law in force is set in the annex.

Art. 29 entry into force of this Act is subject to the referendum.
The federal Council shall determine the date of entry into force.

Annex (art. 28) amendment of the law in force.

The mod. can be found at the RO 2007 2239.

Status as of January 1, 2012

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