Key Benefits:
Translation 1
(State on 24 April 2008)
The Swiss Federal Council and the Government of the Principality of Liechtenstein,
Having regard to the long relationship of friendship between Switzerland and the Principality of Liechtenstein,
Considering the close links between the two States in the field of social security, in particular through the Social Security Convention of 8 March 1989 4 Between the Swiss Confederation and the Principality of Liechtenstein (with final protocol) and the administrative arrangement relating thereto of 16 March 1990 5 , the first supplementary agreement of 9 February 1996 6 , the second supplementary agreement of 29 November 2000 7 And the Convention of 9 December 1977 8 Concerning social security between the Federal Republic of Germany, the Principality of Liechtenstein, the Republic of Austria and the Swiss Confederation,
In view of the similarity of Swiss and Liechtenstein legal provisions on occupational foresight in general and on the creation and tasks of a guarantee fund in Switzerland and Liechtenstein in particular,
On the basis of Liechtenstein's intention to affiliate the Liechtenstein provident institutions with the Swiss guarantee fund (LPP guarantee fund) in order to guarantee the legal and regulatory benefits due to institutions that have become Insolvent and having an organization acting as the Central of the 2 E Pillar,
Agreed to the following:
(1) The tasks of the Liechtenstein guarantee fund are covered by the LPP guarantee fund (guarantee fund).
(2) Institutions of foresight within the meaning of the law on the foresight of employees in undertakings (Gesetz über die betriebliche Personalvorsorge, BPVG), LBGl. 1988 n O 12, LR 831.40, and within the meaning of the Staff Pension Insurance Act (Gesetz über die Pensionsversicherung für das Staatspersonal, PVG), LGBl. 1989 n O 7, LR 174.40, are affiliated to the guarantee fund in the same way as Swiss welfare institutions. This Agreement shall only grant benefits to the guarantee fund to persons who are subject to the BPVG of Liechtenstein.
(3) Procedure and jurisdiction for the application of para. 1, including the means of law, are determined by Swiss law. The Swiss authority to act shall, in advance, hear the liechtensteinese market surveillance authority (Finanzmarktaufsicht, FMA).
(4) The forum for disputes between the guarantee fund and Liechtenstein foresight institutions, employers, beneficiaries or persons who have committed a fault in relation to the insolvency of the provident institution or The insured person's collective is at the headquarters of the guarantee fund.
(1) The Guarantee Fund shall undertake the following tasks:
(2) The security referred to in para. 1, let. B, covers at most the benefits calculated on the basis of a salary determining the meaning of s. 6, para. 2, BPVG, with a maximum of one and a half times the upper limit of the art. 6, para. 3, 2 E Sentence, BPVG. However, the guarantee does not extend in any case to benefits in excess of the upper limit laid down in Art. 56, para. 2, Federal Act on Old Age Pensions, Survivors and Invalidity (PPL) 1 .
(3) In carrying out the tasks which it takes care of, the guarantee fund shall treat Liechtenstein provident institutions as well as their affiliated employers and insured persons in the same way as the provident institutions Swiss. The guarantee fund shall carry out these tasks in accordance with Swiss law.
(1) Liechtensteine provident institutions pay the same contributions to the guarantee fund as the Swiss institutions, with the exception of contributions relating to the unfavourable age structure and the compensation of the credit unions. Compensation.
(2) Contributions by Liechtenstein institutions shall be levied in the same manner as in Switzerland.
When the Guarantee Fund or the Swiss authorities intend to take official measures in the territory of Liechtenstein arising from the Swiss law applicable under this Agreement, they shall inform the FMA in advance. The Commission may participate in the implementation of these measures.
The FMA announces the institutions of Liechtenstein foresight to the guarantee fund according to the rules of Swiss law.
The liechtensteinese foresight institutions provide the guarantee fund with all the information necessary for calculating contributions.
(1) Liechtensteinese foresight institutions or institutions that manage accounts or open-pass policies announce to the Central Region of 2 E Pillar the forgotten assets within the meaning of Art. 20, para. 5, BPVG and transfer the assets according to Art. 18 A , para. 4, BPVG to guarantee fund.
(2) The FMA has access to the register of forgotten assets held by the Centrale du 2 E Pillar.
(3) Old Age and Survivor Insurance (AVS) collaborates with Central du 2 E Pillar with a view to identifying and locating those entitled to forgotten assets. It shall provide it with the information necessary for the performance of its tasks.
(1) Judgments rendered by the Swiss courts as well as binding decisions (acts) by the Swiss competent bodies on contributions, benefits or other claims arising out of the application of this Agreement shall be recognised Liechtenstein.
(2) Binding judgments and acts recognized in accordance with para. 1 are executed in Liechtenstein. The enforcement procedure is governed by the law of Liechtenstein. Judgments and acts to be executed must be shipped with a certificate of res judiced.
(1) The Swiss law applicable in the Principality of Liechtenstein under this Agreement is set out in the Annex to that Agreement. This Annex is an integral part of the Agreement.
(2) The Federal Social Insurance Office (OFAS) shall inform the FMA as soon as possible of the proposed amendments or additions. These are included in the Annex as soon as the OFAS and the FMA have agreed in writing.
(3) The FMA shall inform the OFAS as soon as possible of the modifications provided for in the relevant Liechtenstein law for this Agreement. The amendments shall become applicable to this Agreement as soon as the OFAS and the FMA have agreed in writing.
This Agreement may be denounced by each of the Contracting Parties for the end of a calendar year, subject to the observation of a period of twelve months.
This Agreement shall be applied provisionally from 1 Er January 2007. It will enter into force as soon as the Contracting Parties have been informed of the conclusion of the internal procedures necessary for its entry into force.
In witness whereof, The Plenipotentiaries of both Parties have signed this Agreement.
Done at Bern, on 19 December 2006, in two originals in German.
| RS Nr. |
Law/Order |
RO |
| 173.110 |
Federal Tribunal Act (LTF) |
2006 1205 |
| 173.32 |
Federal Administrative Tribunal Act (FAA) |
2006 2197 |
| 173.72 |
Order on the entry into force of the Act on the Federal Court and the Law on the Federal Administrative Tribunal and on the entry into full force of the Federal Law on the seat of the Federal Criminal Court and of the Administrative Tribunal Federal |
2006 1069 |
| 831.40 |
Federal Act on Old Age, Survivors and Disability (LPP) Applicables: art. 8, para. 1, art. 41, para. 3 to 8, art. 52, para. 1 and 2, art. 56, para. 1, let. B, c and f, al. 2 to 6, art. 56 A , art. 57, art. 59, art. 65 D , para. 1, art. 73, para. 1, let. D et al. 2, art. 76, para. 1, 2, 5 and 6, art. 77 |
1983 797 1996 3067 3070 1998 1573 1999 1384 1387 2004 1677 1700 4635 4638 |
| 831.42 |
Federal Act on the Free passage of Old Age, Survivors and Invalidity (Free Passage Act, LFLP) Applicables: art. 24 A To 24 F |
1999 1384 1387 |
| 831.425 |
Ordinance on the free passage of old-age pensions, survivors and invalidity (order on free passage, PLO) Applicables: art. 19 A To 19 F |
1999 1773 |
| 831.432.1 |
LPP Guarantee Fund Ordinance (OFG) Applicables: art. 1-14, art. 16, art. 18 to 20, art. 24 to 26 A |
1998 1662 1999 1773 2004 4279 4653 |
| 831.441.1 |
Old Age, Survivors and Disability Insurance Ordinance (OPP 2) Applicable: art. 5 |
2006 4159 |
