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RS 831.143.32 DFF order of 3 December 2008 on the clearing house (CoC Ordinance)

Original Language Title: RS 831.143.32 Ordonnance du DFF du 3 décembre 2008 sur la Centrale de compensation (Ordonnance sur la CdC)

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831.143.32

DFF order on the clearing house

(CoC Ordinance)

3 December 2008 (State on 15 October 2010)

Federal Department of Finance,

Having regard to art. 110, para. 2, 113, para. 2, and 175, para. 1, of the Old Age and Survivor Insurance Regulations of October 31, 1947 (RAVS) 1 , given art. 43, para. 2, of the Disability Insurance (DI) Regulations of 17 January 1961 2 , given art. 15, para. 4, and 23, para. 2, of the order of 31 October 2007 on family allowances (OAFam) 3 In agreement with the Federal Department of Foreign Affairs and the Federal Department of the Interior,

Stops:

Section 1 General provisions

Art. 1 Composition

1 The CdC Clearing House (CdC) is a major division of the Federal Finance Authority.

2 It consists of the following units: the Central Compensation Fund, the Federal Compensation Fund (CFC) and the Fund for Family Allowances (CAF-CFC), the Swiss Agency for Compensation (CSC) and the Office AI for Insured persons resident abroad (OAIE).

Art. 2 Organization

1 The CoC is organised in the direction, units and internal inspectorate.

2 The structure and competences of the units and the cooperation between them are dealt with in an internal CoC regulation. Art. 13 is reserved.

Art. 3 Supplements

1 The Federal Administration of Finance shall, in agreement with the Director of the CoC, replace the latter.

2 The Director of the CoC regulates the replacement units within the units.

Art. 4 Personnel Department

1 The CoC manages its own staff service.

2 The Federal Finance Authority regulates the staff of the Director of the CoC.

Art. 5 Review and Physical Monitoring

The revision of the CoC is the responsibility of the Federal Audit Office, which is assisted by the internal inspectorate of the CoC. The physical monitoring of the clearing house, the CFC, the CSC and the OAIE by the Federal Office for Social Insurance (OFAS) and the CFO-CFC by the cantons is reserved.

Art. 6 CoC Unit Tasks

The tasks of the CoC units are dealt with as follows:

A. 1
Central clearing house: art. 71 of the Federal Act of 20 December 1946 on old-age and survivors' insurance (LAVS) 2 And 174 RAVS; s. 21 A Federal Act of 24 March 2006 on Family Allowances (LAFam) 3 And 18 A To 18 I OAFam;
B.
CFC and CSC: in s. 62 WASHERS;
C.
CAF-CFC: in s. 15 OAFam;
D.
OAIE: aux art. 57 of the Federal Disability Insurance Act of June 19, 1959 4 And 41 RAI.

1 New content according to the c. II of the O of 8. 2010, in force since October 15. 2010 ( RO 2010 4495 ).
2 RS 831.10
3 RS 836.2
4 RS 831.20

Section 2 Swiss Representations

Art. 7

Swiss representations abroad lend their support to the Clearing Central, the CSC and the OAIE during the application of the optional insurance, in accordance with Art. 3 of the May 26, 1961, Order Respecting Old Age, Survivor and Optional Disability Insurance 1 .


Section 3 EFA provisions

Art. 8 Lane Affiliation

1 The following are members of the EFA:

A.
The Federal Council;
B.
The Federal Government;
C.
Federal courts;
D.
The institutions and autonomous businesses of the Confederation.

2 Other communities, institutions and organizations governed by private or public law that are subject to the high level of supervision of the Confederation, or which have close relations with Confederation, may be affiliated with the Account.

3 Art. 118, para. 2, RAVS is applicable by analogy.

Art. Employer Control

1 The Account periodically reviews the employers affiliated with the Account.

2 It may appoint external review bodies for the control of employers, in agreement with the Federal Audit Office and the OFAS.

Art. 10 CFC Administration Fees

1 CFC administration fees are established by the CoC and are to be charged to the EFA budget.

2 Organizations, institutions and persons who are affiliated with the Account under s. 8, para. 1, let. D, 2 and 3, reimburse the Account for the administrative costs incurred.

3 Any subsidy from the AVS Compensation Fund paid pursuant to s. 158 RAVS shall be reimbursed by the CFC to the Confederation through the CoC.

Section 4 CFO Provisions-CFC

Art. 11 Reservation of the cantonal law

The provisions of this Section shall apply subject to the cantonal family allowance schemes.

Art. 12 Lane Affiliation

Membership in the credit union is governed by s. 8, para. 1 and 2.

Art. 13 Organization

1 CFO-CFC is managed by the EFA.

2 The structure and tasks of the CFO-CFC are set out in an internal regulation, as enacted by the CFC.

Art. 14 Employer Control

1 CFO-SWC periodically reviews the employers affiliated with the CFO.

2 It may entrust external review bodies with the supervision of employers, in agreement with the cantons.

Art. 15 Contributions

1 CFO-CFC sets employer contributions in accordance with the cantonal provisions and in accordance with the CFC and the CoC.

2 The contributions are set in such a way as to cover the payment of benefits and administration costs, the creation of the fluctuation risk coverage reserve and the reimbursement of costs according to Art. 23, para. 2, OAFam.

Art. 16 Fluctuation risk hedging reserve

The amount of the fluctuation risk coverage reserve is set out in the internal regulation.

Art. 17 Funds Management

1 CFO-CFC funds are managed separately (s. 52 of the Act of 7 Oct. 2005 on the finances of Confederation 1 ).

2 The interest rate is set out in s. 70, para. 2, of the order of 5 April 2006 on the finances of the Confederation 2 .


Section 5 Final provisions

Art. 18 Repeal of the law in force

The Order of 1 Er October 1999 on the Clearing Central, the Federal Compensation Fund, the Swiss Clearing Fund and the Office AI for insured persons residing abroad (CoC Ordinance) 1 Is repealed.


1 [ RO 1999 2822 , 2001 1579, 2002 3720, 2005 2527]

Art. 19 Entry into force

This order shall enter into force on 1 Er January 2009.



RO 2008 6485



Status October 15, 2010