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RS 837.141 November 19, 2003, Unemployment Insurance Financing Order (OFAC)

Original Language Title: RS 837.141 Ordonnance du 19 novembre 2003 sur le financement de l’assurance-chômage (OFAC)

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837.141

Unemployment Insurance Financing Order

(C)

19 November 2003 (State 1 Er January 2008)

The Swiss Federal Council,

Having regard to art. 92, para. 7 Bis , and 109 of the Act of 25 June 1982 on Unemployment Insurance (LACI) 1 ,

Stops:

Section 1 Subject matter and accounting

Art. 1 Purpose

This order shall rule:

A.
The participation of the Confederation in the costs of employment and labour market measures (art. 90 A GAP);
B.
Cash loans granted by the Confederation in order to ensure an annual balance of accounts (Art. 90 B GAP);
C.
The participation of the cantons in the costs of employment and labour market measures (Art. 92, para. 7 Bis , LACI).
Art. 2 Accounting Overview

All financial transactions under s. 1 must be mentioned separately in the accounts of the unemployment insurance fund (compensation fund).

Section 2 Participation of the Confederation in the costs of employment and labour market measures

Art. 3 Instalment payments

The State Secretariat for the Economy (SECO) pays the compensation fund, in quarterly instalments, the amount due at the end of each quarter by the Confederation in respect of its participation. The amount of the instalments to be paid is determined on the basis of the Confederation budget.

Art. 4 Discount

The compensation body for unemployment insurance (clearing body) establishes at 31 March the counting of the participation of the Confederation for the previous financial year.

Section 3 Confederation Cash Loans and Current Account Credit

Art. 5 Grant of Cash Loans

1 Cash loans are provided by the Confederation to the compensation fund if the quarterly planning of the SECO shows that the fund's assets do not allow it to fulfil its payment obligations.

2 SECO informs the Federal Finance Authority of the amount of loans it needs.

Art. 6 Use of loans, rates and duration

1 The SECO can ask the Federal Treasury to release the loan in minimum increments of 100 million francs. This request must be communicated within a period of ten days.

2 The compensation fund pays the loans under market conditions. The Federal Administration of Finance sets the interest rate.

3 The SECO and the Federal Finance Authority jointly determine the duration of the loan at the time the loan is granted.

Art. 7 Repayment of loans

1 If the clearing fund cannot repay the loan at the due date, it must repay the loan as soon as the financial situation of the clearing fund and labour market developments permit.

2 Partial reimbursement shall only be made if the amount available to that effect is at least 100 million francs.

Art. 8 Current account credit

The Federal Finance Authority may grant the clearing fund a current account credit to cover a liquidity need in the short term. It sets the limit for this appropriation.

Section 4 Participation of the cantons in the costs of employment and labour market measures

Art. 1 Distribution between the cantons

1 The share of a canton in the amount of the annual participation in the charge of all the cantons shall be calculated as follows:

Share due by the canton in francs =

JCC-township

× part.

JCC Total

JCC-township

=

Number of days of unemployment controlled in the canton for the year under review

JCC Total

=

Number of days of controlled unemployment of all cantons for the year under review

Part.

=

Participation of all cantons in millions of francs for the year under review

2 The shares of the cantons shall be rounded to 1,000 francs.


1 New content according to the c. I 19 of the O of 7 Nov 2007 on the reform of the financial equalization and the division of labour between the Confederation and the cantons, in force since 1 Er Jan 2008 ( RO 2007 5823 ).

Art. 10 Discount

1 The clearing body shall establish on 31 March the counting of the participation of the cantons for the preceding financial year.

2 The share to be borne by the canton shall be compensated with the following slices paid to it in respect of the reimbursement of costs referred to in Art. 92, para. 7, LACE. This compensation takes place on the township's current account with the Confederation.

Section 5 Final provisions

Art. 11 Executing

The SECO shall execute this Order in conjunction with the Federal Finance Authority.

Art. 12 Repeal of the law in force

The order of January 31, 1996, on the financing of unemployment insurance 1 Is repealed.


1 [RO 1996 811, 1997 2446 hp. II, 1999 2387 ch. I 7, 2000 187 art. 22 al. 1 ch. 18, 2002 4059]

Art. 13 Amendment of the law in force

The order of 31 August 1983 on compulsory unemployment insurance and compensation in the event of insolvency 1 Is amended as follows:

Art. 98b

Repealed


Art. 14 Entry into force

This order shall enter into force retroactively on 1 Er July 2003.



RO 2003 4863



State 1 Er January 2008