0.192.122.632.32 exchange of letters of October 26/5 December 1994 between the Swiss Confederation and the Association European of free trade on the status of international civil servants of Swiss nationality with respect to social insurance (AVS/have/APG and AC) Swiss approved by the Federal Assembly on March 4, 1996, entered into force on 3 July 1996 (State October 1, 1997) text original the leader Bern 26 October 1994 of the federal Department of Foreign Affairs Mr Kjartan Jóhannsson Secretary-General of the European Free Trade Association Geneva Mr. Secretary general, I have the honour to refer to discussions which took place between, on the one hand, representatives of the Association European free trade, in Geneva, called hereinafter the Association, and other international organizations established in Switzerland, and, on the other hand my Department about a stop made on 25 February 1991 by the federal insurance Court. According to this decision, an international staff of Swiss nationality, who is exempt for accumulation of too heavy loads under art. 1, al. 2, let. b, of the Federal law on old-age insurance and survivors (LAVS), remains affiliated to the UI and is required to make the contributions are related. Invoking the freedom and the independence of international organizations and their officials should enjoy compared to the host State - that the Switzerland hears no question-, as well as the fundamental principle of equality of treatment between officials and based on the particular status that it enjoys in Switzerland under the agreement concluded with the Swiss federal Council on 10 August 1961 your Association has made known that it could agree to such an affiliation.
On behalf of the Swiss federal Council, I have the honour to offer you effective January 1, 1994, officials of Swiss nationality of your Association are no longer considered by the host State as being obligatorily insured to old-age insurance and survivors (AVS), disability insurance (have), insurance for loss, gain (APG) and unemployment insurance (UI) if they are affiliated to a pension system planned by the Association. They will be able to join on a voluntary basis, either the AVS/have/APG/AC, only HQ, it being understood that such individual membership will cause no mandatory financial contribution on the part of the Association. To do this, they will have to file their application for membership with the compensation of the canton of their home office within a period of three months from their affiliation to a pension system planned by the Association or, for those who are already in the service of the Association, within six months from the date of your reply to the present letter.
In addition, I have the honour to propose that the spouses, Swiss or foreign, international officials of Swiss nationality, who are domiciled in Switzerland, are more obligatorily insured for AVS/have/APG, when they exercise any gainful activity at the time of the affiliation of the international official at the pension system planned by the Association or when they later cease their gainful activity. They will have the opportunity to join the AVS/have/APG on a voluntary basis. To do this, they will have to file their application with the compensation of the canton of their home office within a period of three months from the membership of the international civil servant to a pension system planned by the Association, or within a period of three months from the cessation of their gainful activity or within six months from the date of your reply to this letter When the international civil servant is already in the service of the Association. The regulation described above also applies to spouses - not enjoying privileges and immunities - foreign international civil servants, who are exempt from the Swiss social security under art. 1, al. 2, let. a, LAVS.
The insured may, at any time, terminate all of the insurance coverage they have chosen for the end of the current month. The insured to the AVS/have/APG/AC can however terminate only the AVS/have/APG and maintain their affiliation with HQ. The termination is valid for the duration of the commitment of the international staff in the service of the Association. Subject to the special conditions set out in this letter, the provisions of the AVS/have/APG/AC will apply to them. Those of the insured not completing their obligations within the prescribed time excluded after summation.
The Association provides a list by January 1, 1994, of officials of Swiss nationality, affiliated to this date to a pension system planned by the Association to the federal Department of Foreign Affairs and shall in writing notify each entry or exit of a Swiss official audit or the system.
Would you please kindly let me know if the above meets your approval. If so, this letter and your reply constitute an agreement by way of exchange of letters. The latter will take effect the day of the notification by the federal authorities for the fulfilment of the constitutional formalities required for this purpose. Until that date, and as of January 1, 1994, it will be applied on a provisional basis.
He can there be terminated by one or the other party, for the first day of a calendar year, a notice written in twelve months.
Please accept, Mr. Secretary general, the assurance of my high consideration.
Flavio Cotti federal Advisor on behalf of the Association, I accept the provisions contained in your letter. Accordingly, your letter and mine is an agreement by way of exchange of letters. The latter will take effect the day of the notification by the federal authorities for the fulfilment of the constitutional formalities required for this purpose. Until that date, and as of January 1, 1994, it will be applied on a provisional basis.
Please accept, Mr. federal councillor, the assurance of my high consideration.
Kjartan Jóhannsson 1997 632 RO; FF 1995 IV 749 art. 1 al. let 1. h of FY March 4, 1996 (RO 1997 609) RS 831.10 RS 0.192.122.632.3 State on November 5, 1999