Key Benefits:
On 13 November 1985 (State 1 Er January 2009)
1 Constituents recognized forms of foresight within the meaning of s. 82 LP:
2 Special contracts for insurance of capital and annuities on life or in the event of disability or death, including possible supplementary insurance in the event of death by accident or disability 1 , which
3 Linked foresight agreements are special savings contracts which are entered into with bank foundations and which are allocated exclusively and irrevocably to foresight. These contracts may be supplemented by a risk contingency contract.
4 The models of tied foresight contracts and the models of tied foresight agreements are subject to the federal contribution administration. It checks whether the form and content are in conformity with the legal provisions and communicates its findings.
1 RO 1986 326
1 The following persons are beneficiaries:
2 The foresight lessee may designate one or more beneficiaries among the persons mentioned in para. 1, paragraph b, c. 2 and clarify their rights. 3
3 The foresight shall have the right to change the order of beneficiaries according to para. 1, paragraph b, c. 3 to 5, and clarify their rights. 4
1 New content according to the c. 4 of the annex to the O of 27 Oct. 2004, in effect since 1 Er Jan 2005 ( RO 2004 4643 ).
2 New content according to the c. I 4 of the O of 29 Sep. 2006 on the implementation of the Act of 18 June 2004 on partnership in old-age pension, survivors and invalidity, in force since 1 Er Jan 2007 ( RO 2006 4155 ).
3 New content according to the c. 2 of the Annex to the O of 10 June 2005, in force since 1 Er Jan. 2006 ( RO 2005 4279 ).
4 Introduced by ch. 2 of the Annex to the O of 10 June 2005, in force since 1 Er Jan. 2006 ( RO 2005 4279 ).
1 Old-age benefits can be paid no sooner than five years before the insured person reaches the ordinary retirement age of the AVS (art. 21, para. 1, of the PMQ of Dec 20. 1946 on old-age and survivors' insurance, LAVS 1 ). They are overdue when the insured reaches the ordinary age of the AVS retirement age. Where the farsighted person proves that he or she continues to engage in a gainful occupation, the payment of benefits may be deferred up to five years from the ordinary retirement age of the AVS. 2
2 The early payment of old-age benefits is possible when the foresight report is terminated for one of the following reasons:
3 The old-age benefit may also be paid in advance for:
4 Such a payment can only be requested every five years. 6
5 The concepts of ownership of housing, equity and own needs are defined in art. 2 to 4 of the Ordinance of 3 October 1994 on the promotion of housing ownership by means of occupational foresight 7 . 8
6 If the insured person is married or linked by a registered partnership, the early payment of old-age benefits is not possible in the cases referred to in paras. 2, let. C and d, and 3, if the spouse or registered partner gives written consent. If it is not possible to collect this consent or if it is refused, the insured person may appeal to the court. 9
1 RS 831.10
2 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 5177 ).
3 New content according to Art. 22 hp. 2 of the O of 3 Oct. 1994 on free passage, in force since 1 Er Jan 1995 (RS 831.425 ).
4 RS 831.42
5 Introduced by ch. I of the O of Sept. 18. 1989 (RO 1989 1903). New content according to Art. 20 of the O of 3 Oct. 1994 on the promotion of ownership of housing by means of professional foresight, in force since 1 Er Jan 1995 (RS 831.411 ).
6 Introduced by Art. 20 of the O of 3 Oct. 1994 on the promotion of ownership of housing by means of professional foresight, in force since 1 Er Jan 1995 (RS 831.411 ).
7 RS 831.411
8 Introduced by Art. 20 of the O of 3 Oct. 1994 on the promotion of ownership of housing by means of professional foresight, in force since 1 Er Jan 1995 (RS 831.411 ).
9 Introduced by ch. I 4 of the O of 29 Sep. 2006 on the implementation of the Act of 18 June 2004 on partnership in old-age pension, survivors and invalidity, in force since 1 Er Jan 2007 ( RO 2006 4155 ).
1 Art. 39 LPP applies mutatis mutandis to assignment, pledge and compensation of entitlement to benefits. 1
2 Art. 30 B LPP, art. 331 D The code of obligations 2 And art. 8 to 10 of the Ordinance of 3 October 1994 on encouraging the ownership of housing by means of occupational foresight 3 Apply by analogy to the pledge of the capital of foresight or the rights to the benefits of foresight for the ownership of the insured person's housing. 4
3 In the event of the dissolution of the matrimonial regime for a cause other than death, all or a portion of the rights to the old-age benefits may be transferred by the farsighted person to his or her spouse or assigned to the spouse by the judge. Subject to Art. 3, the institution of the policyholder must pay the amount to be transferred to the institution within the meaning of s. 1, para. 1, as indicated by the spouse or an institution of foresight. 5
4 L' al. 3 shall apply by analogy to the judicial dissolution of the registered partnership where the partners have agreed on a division of property according to the rules of the rules of participation in the acquisition (Art. 25, para. 1, 2 E Sentence, of the law of 18 June 2004 on partnership 6 ). 7
1 New content according to Art. 20 of the O of 3 Oct. 1994 on the promotion of ownership of housing by means of professional foresight, in force since 1 Er Jan 1995 (RS 831.411 ).
2 RS 220
3 RS 831.411
4 Introduced by Art. 20 of the O of 3 Oct. 1994 on the promotion of ownership of housing by means of professional foresight, in force since 1 Er Jan 1995 (RS 831.411 ).
5 Introduced by ch. I of O du 9 Dec. 1996 (RO 1996 3455).
6 RS 211.231
7 Introduced by ch. I 4 of the O of 29 Sep. 2006 on the implementation of the Act of 18 June 2004 on partnership in old-age pension, survivors and invalidity, in force since 1 Er Jan 2007 ( RO 2006 4155 ).
1 The funds of the tied foresight must be placed (on an account) in the form of savings deposits with a bank governed by the law of 8 November 1934 on banks 2 Or, for investment-related savings (securities savings), through such a bank.
2 Funds placed by a bank foundation on its behalf with a bank are considered to be savings deposits, within the meaning of the law of 8 November 1934 on banks, each of the foresight-takers.
3 Art. 49-58 of the Ordinance of 18 April 1984 on occupational pensions, survivors and invalidity (OPP 2) 3 Apply by analogy to the investment of bonds in the form of security savings bonds. By way of derogation, it can be fully invested in a product with a guarantee of capital or an obligation of very creditworthy debtors.
Bank foundations whose income and capital are exclusively earmarked for foresight within the meaning of this order shall be assimilated, in respect of tax liability, to the institutions of foresight within the meaning of Art. 80 LPP.
1 Employees and self-employed persons may deduct from their income, in the field of direct taxation of the Confederation, the cantons and the municipalities, their contributions to recognised forms of foresight in the following measure:
2 When both spouses or registered partners engage in a gainful occupation and contribute to a recognized form of foresight, they can claim these deductions for each of them. 1
3 Contributions to recognised forms of foresight may be paid up to five years after the ordinary retirement age of the AVS (art. 21, para. 1, WASHERS 2 ). 3
4 During the calendar year in which the insured person ceases to be gainfully employed, the insured person may pay the entire contribution. 4
1 New content according to the c. I 4 of the O of 29 Sep. 2006 on the implementation of the Act of 18 June 2004 on partnership in old-age pension, survivors and invalidity, in force since 1 Er Jan 2007 ( RO 2006 4155 ).
2 RS 831.10
3 Introduced by ch. I of the O of 21 Feb 2001 ( RO 2001 1068 ). New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 (RO) 2007 5177).
4 Introduced by ch. I of the O of 21 Feb 2001 ( RO 2001 1068 ). New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 (RO) 2007 5177).
Insurance institutions and bank foundations must issue certificates concerning contributions and benefits to policyholders.
1 This order, s. 6 except, enters into force on 1 Er January 1987.
2 Art. 6 takes effect on 1 Er January 1985.
Women born in 1944, 1945 and 1946 can receive old-age benefits at the earliest six years before reaching the regular retirement age of AVS (art. 21, para. 1, WASHERS 4 ).
The investment of the funds of the linked foresight shall be adapted to this amendment before 1 Er January 2011.
1 RS 831.40
2 RS 221.229.1
3 RO 2001 1068
4 RS 831.10
5 RO 2008 4651