¹ Persons performing a service in the Swiss army or in the Red Cross Service are entitled to an allowance for each day of pay. The following employees of the military administrations of the Confederation and the cantons are not entitled to this allowance:

A.

Employees whose military service has been extended;

B.

Employees who volunteered to perform military service;

C.

Employees who serve in the military administration. ³

² Persons performing a civil service are entitled to an allowance for each day of service taken into account in accordance with the Federal Act of 6 October 1995 on Civil Service ⁴ .

^2bis Persons recruited under Swiss military law are entitled to an allowance for each day of recruitment eligible for the balance. ⁵

³ Persons performing a civil protection service are entitled to an allowance for each full day for which they receive the balance in accordance with s. 22, para. 1, of the Federal Act of 4 October 2002 on the Protection of the Population and Civil Protection (LPPCi) ⁶ . Employees of the cantonal and municipal authorities responsible for civil protection engaged in civil protection interventions in favour of the community within the meaning of s. 27 A LPPCi is not eligible for this allowance. ⁷

⁴ Participants in federal and cantonal courses for "Youth and Sport" monitors, as defined in Art. 9 of the Act of 17 June 2011 on the encouragement of sport ⁸ As well as participants in training courses for young shooters within the meaning of s. 64 of the Federal Act of 3 February 1995 on the army ⁹ Are treated as persons referred to in para. 1. ¹⁰

^4bis The right to an allowance shall be extinguished with the collection of an old-age pension from the old-age and survivors' insurance, but not later than the age giving entitlement to an old-age pension within the meaning of Art. 21 of the Federal Act of 20 December 1946 on old-age and survivors' insurance (LAVS) ¹¹ . ¹²

⁵ The persons mentioned in paras. 1 to 4 are referred to in this Act as persons who make the service.

All persons who make the service are entitled to the basic allowance.

¹ Persons who make the service are entitled to an allowance for each child designated in s. 2, which has not yet completed its 18 ^E Year. For children who are learning or studying, the right to an allowance lasts until the completion of their 25 ^E Year.

² Right to allowance:

A.

The children of the person making the service;

B.

The children collected by the person making the service whose maintenance and education costs are paid for free and durably. ²

¹ Persons who serve and who live in common household with one or more children (art. 6) under 16 years of age are entitled to a child care allowance if they establish that additional costs for such expenses are incurred as a result of the completion of a period of service of at least two consecutive days.

² The Federal Council sets the maximum amount of the allocation and sets the rules.

¹ Are entitled to the exploitation allowance, unless they withdraw from an employment income higher than that of their independent activity, the persons who make the service and who run a business as owners, of Farmers or usufructuaries, or who are actively involved in the management of a business as partners of a partnership, associated indefinitely with a limited partnership or members of another community of persons A profit motive and do not have legal personality.

² Persons who serve and who work in an agricultural operation as members of the operator's family are entitled to the operating allowance if a replacement is required while performing a service Of a certain duration. The Federal Council lays down the detailed requirements. ²

¹ During the recruitment, recruit and basic training of persons performing their service without interruption (long-serving persons), the basic daily allowance is 25 % of the maximum amount of the total allowance.

² For conscripts, recruits and persons performing basic long-service education who are entitled to children's allowances, the basic daily allowance is calculated in accordance with art. 10.

³ A person who does a civilian service and who has not made a recruit school is entitled, during the number of days of civilian service equivalent to the duration of a recruit school, to 25 % of the maximum total allowance. Account shall be taken of the partial completion of a recruit school. L' al. 2 shall apply mutatis mutandis.

⁴ During basic civil protection training, the basic daily allowance is 25 % of the maximum amount of the total allowance. L' al. 2 shall apply mutatis mutandis. The Federal Council lays down provisions for persons who serve and have completed basic military training in whole or in part.

¹ During periods of service that are not subject to s. 9, the basic daily allowance amounts to 80 % of the average income earned before the service. Art. 16, para. 1 to 3, is reserved.

² If the person did not engage in a gainful occupation before entering service, the basic daily allowance corresponds to the minimum amounts set out in Art. 16, para. 1 to 3.

¹ The average income earned before the entry into service is the determining income for the calculation of contributions due in accordance with the LAVS ² . ³ The Federal Council shall issue provisions relating to the calculation of the allowance and shall establish by the Federal Office for Social Insurance the tables whose use is compulsory and whose amounts are rounded to the advantage of the person entitled.

² The Federal Council may lay down special provisions relating to the calculation of allowances accruing to persons who do service and who, temporarily, did not engage in a gainful occupation or who could not carry on such an activity in Service reason.

The child allowance is, for each child, 8 % of the maximum amount of the total allowance.

The operating allowance is 27 % of the maximum amount of the total allowance.

¹ During the long-term training services designated by the Federal Council and which, according to military law, are to be performed outside the ordinary training services in order to obtain a higher grade or a New function, the total daily allowance may not be less than the following rates of the maximum amount set out in s. 16 A :

A.

45 % for those who do not have children;

B.

65 % for those who have a child;

C.

70 % for those who have more than one child.

² For persons on long service and who are trained to attain a higher grade, the total daily allowance during such training and the remaining days of service shall not be less than the following maximum amount Under s. 16 A :

A.

37 %, if they have no children;

B.

55 %, if they have a child;

C.

62 %, if they have more than one child.

³ During the remaining periods of service, the total daily allowance may not be less than the following rates of the maximum amount set out in s. 16 A :

A.

25 % for those who have no children;

B.

40 % for those who have a child;

C.

50 % for those who have more than one child.

⁴ The basic allowance is reduced to the extent that it exceeds 80 % of the maximum amount set out in s. 16 A .

⁵ The total allowance is reduced to the extent that it exceeds the average income earned before the service or the maximum amount set out in s. 16 A , but only up to the minimum amounts set out in paras. 1 to 3.

⁶ The total allowance includes the basic allowance provided for in s. 4 as well as child allowances under s. 6. The child care allowance and operating allowance are in addition, without reduction, to the total allowance.

¹ The maximum amount of the total allowance is 245 francs ² Per day. ³

² The Federal Council may adapt the maximum amount to the development of salaries at intervals of at least two years from the beginning of a year and provided that the level of wages which has determined the last adaptation has been sustained during that time, A change of at least 12 %.

¹ Women who are entitled to the allowance are:

A.

Have been insured under the terms of the LAVS ¹ During the nine months preceding the birth;

B.

Have engaged in a gainful occupation for five months during that period; and

C.

On the date of delivery:

1.

Are employed within the meaning of s. 10 LPGA ² ,

2.

Carry out an independent activity within the meaning of s. 12 LPGA, or

3.

Work in their husband's business against a cash wage.

² The period of insurance provided for in para. 1, let. A, is reduced accordingly if the delivery occurs before the end of the 9 ^E Months of pregnancy.

³ The Federal Council regulates the right to the allowance of women who, for reasons of incapacity for work or unemployment:

A.

Do not meet the conditions set out in para. 1, let. A;

B.

Are not considered to be employed or self-employed at the time of delivery.

¹ The right to an allowance takes effect on the day of the birth.

² In the case of prolonged hospitalization of the newborn, the mother may request that the payment of the allowance be deferred until the child returns home.

The right is extinguished on 98 ^E Day from the day on which it was granted. It ends before the end of the term if the mother resumes a gainful occupation or dies.

¹ The allowance is paid in the form of per diems.

² The daily allowance shall be equal to 80 % of the average income of the gainful activity obtained before the start of entitlement to the allowance. To determine the amount of this income, s. 11, para. 1, shall apply mutatis mutandis.

¹ The maximum amount is 196 francs ¹ Per day. Art. 16 A , para. 2, shall apply mutatis mutandis.

² The allowance is reduced if it exceeds the maximum amount set out in para. 1.

¹ The maternity allowance excludes the payment of per diems:

A.

Unemployment insurance;

B.

Disability insurance;

C.

Accidental insurance;

D.

Military insurance;

E.

The benefits plan within the meaning of s. 9 and 10.

² If the right to a daily allowance existed up to the beginning of entitlement to the maternity allowance, the amount of the allowance shall be at least the amount of the daily allowance paid so far in accordance with the following laws:

A.

Disability Insurance Act of June 19, 1959 ¹ ;

B.

Federal Act of March 18, 1994 on Medicare ² ;

C.

Federal Act of March 20, 1981 on Accident Insurance ³ ;

D.

Federal Act of 19 June 1992 on military insurance ⁴ ;

E.

Unemployment Insurance Act of June 25, 1982 ⁵ .

In addition to chap. III A , the cantons may provide for the granting of a higher or longer maternity allowance and the introduction of an adoption allowance and draw up special contributions for the financing of these benefits.

¹ The right holders shall assert their right to the competent compensation fund. Otherwise, the following people have standing to act:

A.

Relatives, if the person who is entitled does not meet their maintenance or assistance obligations;

B.

An employer who pays a salary during the period of the right. ¹

² The Federal Council shall appoint the competent compensation fund and shall settle the procedure. It may lay down requirements for the settlement of disputes relating to territorial jurisdiction and derogate from s. 35 LPGA ² . ³

¹ The allowance shall be fixed by the compensation fund to which the application is to be made. The credit union may, however, entrust the employers who are affiliated to it and who offer any guarantee for this purpose the fixing of the allowance owed to their employees.

² The allowance is fixed in accordance with the simplified procedure laid down in Art. 51 LPGA ¹ . In derogation from s. 49, para. 1, LPGA, the same applies to large allocations. ²

¹ The allowance is paid to the eligible person, with the exception of the following:

A.

If the person entitled to it so decides, the allowance may be paid to his or her relatives;

B.

If the person who is entitled does not fulfil his maintenance obligations, the allowances granted in that capacity shall, upon request, be paid to the persons concerned, even if they are not dependent on public or private assistance, or their legal representatives, in derogation from Art. 20, para. 1, LPGA ² .

² The allowance is paid by the compensation fund to which the application is to be made. Entitled persons who, before the birth of the right, were gainfully employed, receive the allowance of their employer, unless there are special reasons for payment by the compensation fund.

³ The allowance shall be paid only if the person concerned claims his claim in accordance with the legal requirements and proves that the conditions relating thereto are fulfilled.

¹ The following are paid on the contribution allowance:

A.

Old Age and Survivor Insurance;

B.

Disability insurance;

C.

The benefit-loss benefit plan;

D.

Where applicable, to unemployment insurance. ²

^1bis These contributions are borne equally by the eligible person and the Gain Loss Allowance Fund. The Compensation Fund also pays the employer's contribution to its farm staff under s. 18, para. 1, of the Federal Act of 20 June 1952 on Family Allowances in Agriculture ³ . ⁴

² The Federal Council regulates the details and procedure. It may exempt certain categories of persons from the obligation to pay contributions and provide that allocations for short periods will not be subject to assessment.

¹ Notwithstanding s. 24 LPGA ² , the entitlement to benefits not paid to persons who serve is extinguished five years after the end of the service giving entitlement to the allowances, and the payment of maternity benefits not paid five years after the end of the period referred to in s. 16 D .

² The claims arising out of this Act, of the LAVS ³ And the Federal Act of 20 June 1952 on Family Allowances in Agriculture ⁴ May be offset with allowances payable.

¹ The cantons are liable for the damage suffered under the allowance scheme for loss of gain arising from the following facts:

A.

Non-compliance with the requirements for the convocation of civil protection interventions within the meaning of s. 27, para. 2, 27 A , para. 1, let. B, and 33 to 36 LPPCi ² ;

B.

Non-compliance with the requirements for the authorization of interventions in favour of the community within the meaning of s. 27 A , para. 1, let. B, NWPA;

C.

Illegal conduct of the accountants of civil protection organisations.

² The right to compensation is prescribed one year after the Federal Social Insurance Office has been informed of the damage, but no later than ten years after the damage. If it is born of a punishable act for which the criminal law provides for a longer limitation period, that period is decisive.

³ The Federal Office for Social Insurance claims its claim for damages by way of decision. The procedure is governed by the Federal Act of 20 December 1968 on the administrative procedure ³ .