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RS 171.211 Order of the Federal Assembly of 18 March 1988 on the Law on Means Allocated to Parliamentarians (OMAP)

Original Language Title: RS 171.211 Ordonnance de l’Assemblée fédérale du 18 mars 1988 relative à la loi sur les moyens alloués aux parlementaires (OMAP)

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171.211

Order of the Federal Assembly on the Law on the Means Allocated to Parliamentarians

(OMAP) 1

18 March 1988 (State 1 Er September 2014)

The Swiss Federal Assembly,

See art. 14 of the Act of 18 March 1988 on means allocated to parliamentarians (LMAP) 2 , 3

Stops:

Art. 1 And 2 1

1 Repealed by c. I of the Ass O. Fed. On 21 June 2002, with effect from 1 Er Dec. 2002 ( RO 2002 3632 ; FF 2002 3715 3737).

Art. 3 1 Disorder for meals and nights

1 The amount of the clearing for meals is 115 francs 2 Per day, that for overnight stays at 180 francs 3 .

2 Overnight clearing is allocated for each night between two consecutive days. It shall not be paid to Members whose domicile is situated either at 30 minutes or less on public transport, or less than 10 kilometres from the bird in the place of the sitting. Members who are not eligible for overnight accommodation may, upon request, be entitled to exceptional overnight expenses arising out of their parliamentary activity. 4

2bis The Administrative Delegation of the Federal Assembly (Administrative Delegation) provides for specific allowances for Members who, at the time of their election, are domiciled abroad. The amount of such allowances shall be determined on the basis of the distance between the place of residence and the place of sitting. 5

3 For activities abroad, the amount of the clearing for meals and the amount for overnight stays amounts to a total of 395 francs 6 Per day. The Administrative Delegation 7 Can raise this amount:

A.
For certain countries and cities, where conditions require;
B.
In special cases, upon presentation of supporting documents.

1 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3632 ; FF 2002 3715 3737).
2 New amount as per c. I let. D of the Ass O. Fed. On 15 June 2012, in force since 1 Er Seven. 2012 ( RO 2012 4573 ; FF 2012 291 303).
3 New amount as per c. I let. E of the Ass O. Fed. On 15 June 2012, in force since 1 Er Seven. 2012 ( RO 2012 4573 ; FF 2012 291 303).
4 New content according to the c. I of the Ass O. Fed. On 21 March 2014, in force since 1 Er Seven. 2014 ( RO 2015 1135 ; FF 2013 7161 7167).
5 Introduced by ch. I of the Ass O. Fed. March 18, 2011 (Members of Parliament domiciled abroad), in force since 5 Dec. 2011 ( RO 2011 5005 ; FF 2010 8009 8015).
6 New amount as per c. I let. F of the Ass O. Fed. On 15 June 2012, in force since 1 Er Seven. 2012 ( RO 2012 4573 ; FF 2012 291 303).
7 New expression according to c. I of the Ass O. Fed. March 18, 2011 (Members of Parliament domiciled abroad), in force since 5 Dec. 2011 ( RO 2011 5005 ; FF 2010 8009 8015). This mod has been taken into account. Throughout this text.

Art. 4 1 Travel Expenses

1 As a flat-rate clearance, it is given to each Member for travel within the national territory:

A.
A general first-class subscription of Swiss transport companies;
B.
A sum equivalent to the price paid by the Confederation for such a subscription.

1bis The Administrative Delegation provides specific allowances for Members who, at the time of their election, are domiciled abroad. The amount of such allowances shall be determined on the basis of the distance between the place of residence and the place of sitting. 2

2 The Confederation reimburses the Member who uses his private vehicle to attend a sitting. It also covers the damage caused to the vehicle during these movements.

3 In special cases, the Confederation may pay Members an additional amount to cover actual travel expenses, in particular for domestic flights departing or terminating in Bern. The Administrative Delegation decides on the payment of this amount and its importance.

4 With respect to events taking place abroad, the Confederation provides the necessary train or plane tickets. If the Member prefers to organize his or her own travel, the Confederation reimburses him:

A.
About the travel that can be carried out by a passenger plane: half of the price paid by the Confederation for a business class ticket;
B.
Concerning other travel: the price of a train ticket for a first class trip, from the Swiss border.

1 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3632 ; FF 2002 3715 3737).
2 Introduced by ch. I of the Ass O. Fed. March 18, 2011 (Members of Parliament domiciled abroad), in force since 5 Dec. 2011 ( RO 2011 5005 ; FF 2010 8009 8015).

Art. 5 1 Common provisions applicable to daily allowances and clearing

1 Members who, without having received a mandate from the Bureau or a committee, take part, at the invitation of a federal authority, at a convention or other event organised by that authority, shall be entitled to the clearing of meals, nights and nights, Travel and long distance, but not per diem.

2 Members of the House of Commons are not entitled to meal, overnight or travel, when the Confederation provides the means of transportation, sustenance and housing. Occasionally, meals provided by Confederation are not taken into account.


1 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3632 ; FF 2002 3715 3737).

Art. 6 1 Long distance clearance

1 The long-distance clearance consists of two-thirds of a disbursement allowance and one third of compensation for loss of gain. It is paid in the form of a lump sum per trip.

2 This amount is calculated as a general rule once per Parliament on the basis of the duration of the journey by means of public transport.

3 The long distance clearance amounts to 22.50 francs 2 A one-quarter hour journey between the home and Bern, with a travel time of one and a half hours.

3bis The Administrative Delegation provides specific allowances for Members who, at the time of their election, are domiciled abroad. The amount of such allowances shall be determined on the basis of the distance between the place of residence and the place of sitting. 3

4 Once calculated by Parliament Services, long-distance clearance is subject to the approval of the Administrative Delegation, which in particular cases.


1 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3632 ; FF 2002 3715 3737).
2 New amount as per c. I let. G of the Ass O. Fed. On 15 June 2012, in force since 1 Er Seven. 2012 ( RO 2012 4573 ; FF 2012 291 303).
3 Introduced by ch. I of the Ass O. Fed. March 18, 2011 (Members of Parliament domiciled abroad), in force since 5 Dec. 2011 ( RO 2011 5005 ; FF 2010 8009 8015).

Art. 7 1 Contribution for foresight

1 The contribution in respect of foresight is equivalent to 16 % of the upper limit set out in Art. 8, para. 1, of the Federal Act of 25 June 1982 on the occupational pensions, survivors and invalidity (LPP) 2 The Member himself finances a quarter of this contribution.

2 The provision of the affiliated pension fund within the meaning of s. 7, para. 3, LMAP, is paid as follows:

A.
If a Member leaves the Council before the age of 60, he or she is transferred to the institution of free passage of his or her choice;
B.
If a member leaves the council between the ages of 60 and 65, his or her credit is payable and is paid as an old age. If the Member continues to engage in a gainful occupation, his or her credit may be transferred as an exit to the provident institution to which he is insured;
C.
Have been paid to the Member as capital-old age at age 65;
D.
In the event of death, the amount is paid to the member's dependants as a death capital in accordance with s. 7 B , para. 4, of this Order.

3 Contributions made by Members to the affiliated pension fund within the meaning of s. 7, para. 3, LMAP, may be deducted from income in respect of direct taxes of the Confederation, the cantons and the municipalities. Benefits paid by the affiliated pension fund are taxable income from foresight.

4 With respect to revenues related to the exercise of a parliamentary mandate, the Confederation and the Members of Parliament pay, through the payment of this contribution, all of the obligations under the PPL in respect of contributions.


1 New content according to the c. I of the Ass O. Fed. On 8 Oct. 2004, in effect since 1 Er Jan 2005 ( RO 2005 713 ; FF 2004 1363 1375).
2 RS 831.40

Art. 7 A 1 Disability Prevention

1 Every member of Parliament receives an annuity in the event of disability.

2 The degree of disability and the date of commencement of entitlement to benefits are determined by reference to s. 28 and 29 of the Federal Disability Insurance Act of June 19, 1959 2 And relevant implementing provisions.

3 The full invalidity pension amounts to 250 % of the maximum amount of the annual old-age pension provided for in Art. 34 of the Federal Act of 20 December 1946 on old-age and survivors' insurance (LAVS) 3 . Any invalidity benefits paid by professional welfare institutions or, in the case of self-employed persons, recognised forms of linked individual foresight (pillar 3a), are counted.


1 Introduced by ch. I of the Ass O. Fed. Of Dec 13. 2002, effective from 1 Er Dec. 2003 ( RO 2003 3665 ; FF 2002 6597 6617).
2 RS 831.20
3 RS 831.10

Art. 7 B 1 Death Prevoyance

1 In the event of the member's death, a person designated by the member receives a capital benefit.

2 Death capital is equal to the maximum amount of the annual old-age pension under s. 34 WASHERS 2 , multiplied by the number of years corresponding to the difference between 65 and the age reached on the day of death. The age of death is equal to the difference between the current calendar year and the year of birth.

3 Benefits paid by professional welfare institutions or, in the case of self-employed persons, recognised forms of linked individual foresight (pillar 3a), are counted. Annuity benefits are taken into account at their value after capitalization.

4 The order of beneficiaries is set out in s. 15, para. 1, para. b, et al. 2, of the order of 3 October 1994 on the free movement of old-age, survivors and invalidity pensions 3 .


1 Introduced by ch. I of the Ass O. Fed. Of Dec 13. 2002, effective from 1 Er Dec. 2003 ( RO 2003 3665 ; FF 2002 6597 6617).
2 RS 831.10
3 RS 831.425

Art. 8 1 Sickness and accidents abroad

1 The Confederation concludes an insurance scheme which, in the event of illness or accident occurring abroad in the course of a parliamentary activity, provides the Member with the following minimum benefits:

A.
A minimum of 30 000 francs for repatriation costs in Switzerland;
B.
A minimum of 100 000 francs for medical treatment and hospitalization costs;
C.
30 000 francs at least in advance for hospital expenses.

2 The amount of benefits provided in para. 1 decreases as a proportion of the amount of benefits paid by the Member's health insurance and personal injuries.

3 The member's right to benefits must be exercised directly with the insurance.


1 New content according to the c. I of the Ass O. Fed. On 8 Oct. 2004, in effect since 1 Er Jan 2005 ( RO 2005 713 ; FF 2004 1363 1375).

Art. 8 A 1 Compensation for daily allowance

1 The compensation allocated to Members for the loss of the daily allowance shall be paid from the beginning of the sickness or the accident, for 730 calendar days at most. The right to receive compensation shall end with the opening of the right to a disability pension.

2 For the first 30 days, the Member receives 100 % of the daily allowance. From 31 E He sees no more than 80 %.

3 A Member who is absent on maternity leave receives the daily allowance.

4 Any Member who is absent due to illness or accident claiming entitlement to more than five per diem allowances is required to produce a medical certificate.


1 Introduced by ch. I of the Ass O. Fed. Of Dec 13. 2002, effective from 1 Er Dec. 2003 ( RO 2003 3665 ; FF 2002 6597 6617).

Art. 8 B 1 Transitional Help

1 The transitional aid shall be no more than the maximum amount of the annual old-age pension provided for in Art. 34 WASHERS 2 .

2 The income of a Member referred to in s. 8 A , para. 1, let. A, of the Act of 18 March 1988 on means allocated to Members of Parliament shall be calculated on the basis of the annual allowance and the average sum of the daily allowances paid to Members in the preceding calendar year.


1 Introduced by ch. I of the Ass O. Fed. Of Dec 13. 2002, effective from 1 Er Dec. 2003 ( RO 2003 3665 ; FF 2002 6597 6617).
2 RS 831.10

Art. Supplements for Chairs and Vice-Presidents of Councils

1 The supplement amounts to 44 000 francs 1 For Presidents and 11,000 francs 2 For Vice-Presidents.

2 The supplement is deemed to cover expenses and expenses incurred in carrying out their mandate. They receive special compensation when participating in foreign sessions or with foreign parliamentary delegations in Switzerland.


1 New amount as per c. I let. H of O de l' Ass. Fed. On 15 June 2012, in force since 1 Er Seven. 2012 ( RO 2012 4573 ; FF 2012 291 303).
2 New amount as per c. I let. I de l' O de l' Ass. Fed. On 15 June 2012, in force since 1 Er Seven. 2012 ( RO 2012 4573 ; FF 2012 291 303).

Art. 10 1 Contributions to Groups

1 The basic amount is 144,500 francs, the one per member at 26,800.

2 Each year, by the end of March, the groups submit a report to the Administrative Delegation on the use of contributions received in the previous fiscal year.


1 New content according to the c. I of the Ass O. Fed. Of Dec 11. 2009, effective from 1 Er Jan 2010 ( RO 2009 6571 ; FF 2009 5583 5591).

Art. 11 Representative fees; experts

1 The chairs of the councils manage the appropriation to cover the costs of representation.

2 Experts and other persons consulted by committees or delegations generally receive the same allowances as Members, unless they give information in their own interest. 1 The fees paid for expert appraisals and regular consultations shall be fixed by written contract; account shall be taken of the actual work, difficulties encountered and the importance of the mandate given. The comparable tariffs of professional associations are taken into account. The Administrative Delegation may fix other allowances, in particular for foreign experts, as well as in special cases. 2


1 New content according to the c. I of the Ass O. Fed. On 20 March 2008, in force since 1 Er April 2008 ( RO 2008 1219 ; FF 2008 117 129).
2 New wording of the sentence as per c. I of the Ass O. Fed. On 20 March 2008, in force since 1 Er April 2008 ( RO 2008 1219 ; FF 2008 117 129).

Art. 12 1 Restrictions

1 When a Member of Parliament takes office or withdraws in the course of the year, the allowances and contributions referred to in s. 2 and 3 A Of the Act of 18 March 1988 on the means allocated to Members of Parliament and 7, 9 and 10 of this Order are adapted accordingly.

2 The annual allowance and annual contribution to expenses shall be reduced in a fair manner when the Member, for reasons other than illness or accident, did not participate in the work of the Board or Commissions for at least one quarter.


1 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3632 ; FF 2002 3715 3737).

Art. 13 1 Referendum; entry into force

1 This Order is of general application 2 ; however, under s. 14, para. 1, of the Act of 18 March 1988 on Parliamentary Allowances 3 , it is not subject to the referendum.

2 It enters into force at the same time as the Act of 18 March 1988 on Parliamentary Allowances 4 .


1 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3632 ; FF 2002 3715 3737).
2 Currently " O de l' Ass. Fd." (art. 163, para. 1, Cst. -RS 101 ).
3 Currently "legislation on means allocated to parliamentarians".
4 Currently "legislation on means allocated to parliamentarians". This Law has entered into force on 1 Er Jul. 1988.



RO 1988 1166


1 New content according to the c. I of the Ass O. Fed. On 21 June 2002, in force since 1 Er Dec. 2002 ( RO 2002 3632 ; FF 2002 3715 3737).
2 RS 171.21
3 New content according to the c. I of the Ass O. Fed. On 8 Oct. 2004, in effect since 1 Er Jan 2005 ( RO 2005 713 ; FF 2004 1363 1375).


State 1 Er September 2014