Key Benefits:
(art. 10, para. 1, LAPG)
1 Persons who have carried out such an activity for at least four weeks in the 12 months preceding the entry into service are deemed to engage in a gainful occupation.
2 This includes persons engaged in a gainful occupation:
(art. 10, para. 2, LAPG)
Persons who do not meet any of the conditions set out in s. 1 are deemed to be without gainful activity.
(art. 1 A , para. 4, LAPG)
The Federal Office of Sport designates courses which, in accordance with Art. 1 A , para. 4, LAPG, qualify for the allowance.
(art. 11 LAPG)
1 The allowance is calculated on the basis of the last determining salary earned before the entry into service and converted to an average daily gain. It is not taken into account in determining the gain on days for which a person was unable to obtain a salary or whose salary was reduced by reason of:
2 For persons who make it likely that, during the service, they would have undertaken a long-term employee or earned substantially more than before entering service, the allowance is calculated on the basis of the income they have lost. For persons who have completed their vocational training immediately before entering service and for those who would have completed their vocational training during the period in which they serve, the allowance is calculated on the basis of the initial salary Paid according to local use in the profession concerned.
3 For family members who work with the operator without receiving a cash salary and performing a service before 1 Er January of the year following the year in which they reached the age of 20, the allowance is calculated on the basis of the total salary determined by s. 14, para. 3, of the Old Age and Survivor Insurance Regulations of October 31, 1947 (RAVS) 1 .
(art. 11 LAPG)
1 The following are considered employees with regular income:
2 The average daily gain earned before the service is determined as follows:
3 If the average daily gain acquired before the service cannot be determined according to para. 2 because the last job started shortly before the entry into service, the remuneration agreed upon between the parties is decisive.
4 Regular salary items on a regular basis or at intervals of several months are converted to an average daily gain and added to the income determined by para. 2.
(art. 11 LAPG)
1 For employed persons who do not have regular income within the meaning of s. 5, the average daily income earned before the service is based on the gain obtained during the three months preceding the service.
2 The gain of a longer period is taken into account if the average income so determined is not appropriate.
(art. 11 LAPG)
1 For self-employed persons, the allowance is calculated on the basis of income, converted to average income, which was used as the basis for the last decision of the AVS made prior to the entry into service. The allowance is adjusted on request if, subsequently, a new assessment decision is made for the year in which the service was performed.
2 For persons who make it likely that they would have undertaken an independent long-term activity during the period of service, the allowance is calculated on the basis of the income they could have received.
3 If an individual carrying on an independent activity is not required to pay contributions under the Federal Act of 20 December 1946 on the old-age and survivors' insurance (LAVS) 1 , the allowance is calculated on the basis of income earned in the year preceding that of the entry into service.
(art. 11 LAPG)
For persons engaged in both self-employment and self-employment, the allowance is calculated on the basis of the sum of the income from the two activities and determined in accordance with Art. 4 to 7.
(art. 11 LAPG)
For persons who have received a daily allowance for disability insurance or compulsory accident insurance until their entry into service, the total amount of the allowance is at least the amount of the daily allowance Pre-paid.
(art. 9, para. 4, 3 E Phrase, LAPG)
For persons who have completed at least 40 days of service within the meaning of s. 1 A , para. 1 and 2 Bis , LAPG, the basic daily allowance during basic training in civil protection corresponds to 80 % of the average income earned before the service.
(art. 9, para. 3, LAPG)
The term equivalent to a recruit school is:
(art. 7, para. 1, LAPG)
In particular, additional costs for the care of children are:
(art. 8, para. 2, LAPG)
Persons who carry on their principal business in a farming operation as members of the operator's family are entitled to the operating allowance if:
(art. 19, para. 3, LAPG)
1 An application for an allocation must be made by means of an official form, along with the required supporting documentation.
2 The Federal Office for Social Insurance provides the application form and the specific forms for the various allowances:
3 The application form is submitted at the end of the service. If the service lasts more than 30 days, a form is submitted after 10 days and then at the end of each calendar month.
4 If a person needs to receive the allowance at shorter intervals for his or her maintenance or that of his/her family, the application forms shall be submitted every ten days for the entire period of service.
(art. 19, para. 3, LAPG)
1 The accounting officer of the staff, unit or civil protection authority responsible for summons shall attest to the number of days left.
2 The number of days eligible for the allowance is evidenced by the federal body responsible for the performance of the civil service and the executing agencies.
3 The organizer of the federal and cantonal courses for the training of Youth and Sport (J + S) managers and shooting instructors of young shooters attests to the number of days eligible for the allowance.
4 The days eligible for the allowance must be certified only once.
5 If a person has submitted an incorrect application form or the form has been misplaced, the competent compensation fund shall establish a duplicate and certify the number of days eligible for the allowance on the basis of the service record or on the Certification of courses.
(art. 19, para. 3, LAPG)
Where the person on duty is entitled to an allowance as an employee, the employer shall certify on the application form the amount of the salary determining the allowance, the amount of the salary paid during the service and the duration of the occupation.
(art. 17, para. 1, LAPG)
1 Relatives or the employer of the person who is required to serve the service in order to act in accordance with s. 17, para. 1, LAPG shall apply the right to an allowance to the competent compensation fund; if necessary, they shall, personally, request the production of the certification of the number of days of service giving entitlement to the allowance and the certification of Salary. Art. 15 to 17 apply by analogy.
2 When a member of his or her family is entitled to an operating allowance under s. 14, art. 17, para. 1, let. B, LAPG also applies by analogy to the farmer.
(art. 17, para. 2, LAPG)
1 The compensation fund competent for the filing of the application for the fixing and payment of allowances shall be:
2 If several cases are competent, the person entitled to the credit chooses one of them.
3 For the filing of the application, employed persons must act through their employer.
(art. 18 LAPG)
1 The compensation fund may delegate to the employer the fixing of the basic allowance and child allowances, but only if the person having the right does not have more than one employer and that he does not simultaneously engage in paid employment and Independent activity. The compensation fund checks the employer's calculation.
2 At the request of the person entitled, the compensation fund or the employer, if the employer has fixed the allowance, must indicate to him how the allowance has been calculated.
(art. 19 LAPG)
1 Upon receipt of each application form, the compensation fund or the employer shall pay the corresponding amount or proceed to compensation within the meaning of s. 19, para. 2, LPGA or s. 20, para. 2, WASHERS 1 .
2 Art. 19, para. 2, LPGA also applies if the period of service is partially or completely outside the employee's hours of work or if the employee's employer has his or her seat abroad.
3 The allowance is paid to a bank or postal account. On request, it can be paid in cash.
4 The proof of payment is the internal proof of the funds, the proof of execution of Postfinance or the debit opinion of the bank.
(art. 18 and 19 LAPG)
1 The allowance payable to a person abroad is fixed in Swiss francs.
2 The allowance is paid in the currency of the country of residence of the person entitled. Art. 20, para. 2, of the order of 26 May 1961 concerning old-age insurance, survivors and optional invalidity 1 Applies mutatis mutandis to the conversion of the allowance into a foreign currency.
(art. 16 C LAPG)
The right to an allowance arises:
(art. 16 C , para. 2, LAPG)
1 The beginning of entitlement to the allowance may be carried forward:
2 The deferral of the right takes effect on the day of birth and ends when the newborn returns to his or her mother or dies.
(art. 16 D LAPG)
The right to an allowance shall be extinguished on the day on which the mother resumes a gainful occupation, regardless of his or her occupancy rate.
(art. 16 B , para. 1, let. A, LAPG)
For the determination of the minimum period set out in s. 16 B , para. 1, let. A, LAPG, are also taken into account for periods during which the mother has compulsory insurance and passes:
1 RS 0.142.112.681
2 R (EEC) n O 574/72 of the Council of 21 March 1972 on the application of R (EEC) 1408/71 (OJ L 74, 27 March 1972) (also codified by R (EC) n O 118/97 of the Council, of 2 Dec. 1996 (OJ L 28, 30 Jan 1997); last amended by R (EC) n O 307/1999 of the Council of 8 February 1999 (OJ L 38, 12 Feb 1999).
3 A provisional consolidated version of R (EEC) n Bone 1408/71 and 574/72, including mod. Introduced by R (EC) n O 307/1999 of the Council, can be obtained at the Federal Social Insurance Office, 3003 Berne. Only the version published in the Journal Officel of the EC is authentic.
(art. 16 B , para. 2, LAPG)
In the case of pre-term delivery, the period of insurance fixed by art. 16 B , para. 1, let. B, LAPG is reduced as follows:
(art. 16 B , para. 1, let. B, LAPG)
For the determination of the minimum duration set out in s. 16 B , para. 1, let. B, LAPG, are also taken into account for the periods of gainful employment completed:
1 RS 0.142.112.681
2 R (EEC) n O 574/72 of the Council of 21 March 1972 on the application of R (EEC) 1408/71 (OJ L 74, 27 March 1972 also codified as R (EC) n O 118/97 of the Council, of 2 Dec. 1996 (OJ L 28, 30 Jan 1997; last amended by R (EC) n O 307/1999 of the Council of 8 February 1999 (OJ L 38, 12 Feb 1999).
3 A provisional consolidated version of R (EEC) n Bone 1408/71 and 574/72, including mod. Introduced by R (EC) n O 307/1999 of the Council, can be obtained at the Federal Social Insurance Office, 3003 Berne. Only the version published in the Official Journal of the EC is authentic.
(art. 16 B, Al. 3, LAPG)
A mother who is unemployed at the time of confinement or who, by reason of a period of unemployment, does not meet the minimum period of gainful employment provided for in Art. 16 B , para. 1, let. B, LAPG is entitled to the allowance:
(art. 16 B , para. 3, LAPG)
1 A mother who is unable to work at the time of confinement or who, by reason of a period of incapacity for work, does not meet the minimum period of service provided for in Art. 16 B , para. 1, let. B, LAPG is entitled to the allowance if, until delivery, it has received:
2 A mother who does not meet the conditions of para. 1 is entitled to the allowance if she had a work report that was still valid at the time of delivery and that she had previously exhausted his right to pay.
(art. 16 E LAPG)
1 The allowance is calculated on the basis of the last determinant salary earned prior to delivery and converted to an average daily gain. It is not taken into account in determining this gain on days for which the mother has not received a salary or whose salary has been reduced by reason of:
2 In addition, by analogy, s. 5 and 6.
(art. 16 E LAPG)
Art 7, para. 1, applies to the calculation of the allowance accruing to a mother performing an independent activity.
(art. 16 E LAPG)
The allowance accruing to the mother who simultaneously carries on an employed and self-employed activity shall be calculated on the average daily earnings of the two activities, determined according to Art. 7, para. 1, and 30.
(art. 17 to 19 LAPG)
1 Art. 19, para. 1, let. A and c, 2 and 3 shall apply mutatis mutandis to the determination of the clearing fund for the filing of the application, for the fixing and payment of allowances.
2 For mothers who have been employed until childbirth, the employer certifies on the application form the amount of the determining wage for the calculation of the allowance, the amount of the wage paid during the period of compensation And the duration of occupancy.
3 For mothers who are unemployed or unable to work at the time of delivery, but who have been employed prior to the period of unemployment or incapacity for work, the last employer certifies on the application form the Amount of salary determining the allowance and duration of occupancy.
(art. 18 and 19 LAPG)
1 Art. 20 and 22 apply by analogy to the fixation of the allowance.
2 The allowance is paid monthly in arrears, unless it is less than 200 francs per month, in which case it is paid for the extinguishment of the right, also in arrears. Compensation within the meaning of s. 19, para. 2, LPGA or s. 20, para. 2, WASHERS 1 Is reserved.
3 For the payment of the allowance, s. 21, para. 3 and 4 shall apply mutatis mutandis.
(art. 27 LAPG)
1 The income contribution of a gainful occupation is 0.45 %. Within the limits of the degressive scale referred to in s. 21 RAVS 2 , the contributions are calculated as follows:
Annual income from a gainful occupation |
Rate of contribution per cent of income |
||
At least fr. |
But less than a. |
||
9,400 |
17,200 |
0.242 |
|
17,200 |
21,900 |
0.248 |
|
21,900 |
24,200 |
0.254 |
|
24,200 |
26,500 |
0.260 |
|
26,500 |
28,800 |
0.265 |
|
28,800 |
31,100 |
0.271 |
|
31,100 |
33,400 |
0.283 |
|
33,400 |
35,700 |
0.294 |
|
35,700 |
38,000 |
0.306 |
|
38,000 |
40 300 |
0.317 |
|
40 300 |
42,600 |
0.329 |
|
42,600 |
44,900 |
0.340 |
|
44,900 |
47,200 |
0.358 |
|
47,200 |
49,500 |
0.375 |
|
49,500 |
51,800 |
0.392 |
|
51,800 |
54 100 |
0.410 |
|
54 100 |
56,400 |
0.427 |
|
2 Persons without gainful employment pay a contribution of 21 to 1050 francs per year. Art. 28 to 30 RAVS apply by analogy.
1 New content according to the c. I of the O of 2 Sept. 2015, in force of 1 Er Jan. 2016 to Dec. 31 Dec. 2020 ( RO 2015 3079 ).
2 RS 831.101
(art. 19 A LAPG)
1 If the employer pays the allowance to the eligible person or compensates the claimant by the salary, the employer must include it in the balance sheet for the appropriate compensation fund, as if it were an element of the salary that is determinative of the meaning of the AVS.
2 The compensation fund shall, at the same time as the allowance, increase the employer's employer contributions due to the SAA, the Disability Insurance, the Gain Loss Allowance (GPA) and Unemployment Insurance (UI) premiums, or Contributions to his credit.
3 It also enhances the employer's contribution, along with the allocation, to the employer's contribution, as required by s. 18, para. 1, LFA 1 , for agricultural employees or bears this contribution to the credit of the latter. It shall record the amount corresponding to the debit of the account of contributions received under the LFA.
4 It is deducted from allowances paid directly by her to an employee or an employer who is not required to pay contributions due to AVS, disability insurance, APG, and unemployment insurance. It shall include in the individual's account the amount of the allowance which is subject to contribution as income from the gainful occupation.
5 The child care allowance is exempt from deductions due to employed persons.
6 Art. 34 D RAVS 2 On the minimum wage is not applicable. 3
1 RS 836.1
2 RS 831.101
3 New content according to the c. I of the O of Sept. 2009, effective from 1 Er Jan 2010 ( RO 2009 5191 ).
(art. 19 A LAPG)
1 The compensation fund deducts contributions due to AVS, disability insurance and the APG scheme at the same rate as for an employed person. It shall include in the individual's account the amount of the allowance which is subject to contribution as income from the gainful occupation.
2 No contributions are deducted from the child care allowance.
3 Art. 19 RAVES 1 Relating to minor income from an activity carried on as an accessory is not applicable.
(art. 21 LAPG)
The employer includes the allowances that it has paid in the statement for the clearing fund.
(art. 22 LAPG)
1 The rate of contributions to administrative costs owed by employers, self-employed persons and persons without gainful employment is the same as that provided for in the old-age and survivors insurance.
2 The Federal Department of the Interior determines the possible subsidies from the compensation fund for the gain-loss benefit scheme to cover the administrative costs of the compensation funds.
1 The Federal Department of the Interior shall be responsible for the implementation of this Regulation.
2 It may issue enforcement provisions to the implementing bodies and, in agreement with the Federal Department of Defence, the Protection of Population and Sport and the Federal Department of Economics, Training and Searching 1 Directives for the accounting officers of the army and civil protection, the organisers of training of the Youth and Sport (J + S) managers and the bodies responsible for the execution of the civil service.
Are repealed:
The daily basic allowance of persons who serve the civilian service and who, before December 31, 2003, have performed at least 103 days of service within the meaning of s. 1 A , para. 1 to 3, LAPG, is calculated in accordance with s. 10 LAPG for the remaining service days.
This Regulation shall enter into force on 1 Er July 2005.