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RS 834.11 Regulation of 24 November 2004 on Benefits for Loss of Gain (RAPG)

Original Language Title: RS 834.11 Règlement du 24 novembre 2004 sur les allocations pour perte de gain (RAPG)

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834.11

Allowance for Loss of Gain Regulations

(RAPG)

November 24, 2004 (State 1 Er January 2016)

The Swiss Federal Council,

See art. 81 of the Federal Act of 6 October 2000 on the General Part of the Law of Social Insurance (LPGA) 1 And art. 34, para. 3, of the Federal Act of 25 September 1952 on the Allowance for Loss of Gain (LAPG) 2 ,

Stops:

Chapter 1 Allocation in case of service

Section 1 Right to allowance

Art. 1 Persons engaged in gainful employment

(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:

A.
The unemployed;
B.
Persons who make it likely that they would have engaged in a lucrative long-term business if they had not had to enter service;
C.
Persons who have completed their professional training immediately prior to entering service or who would have completed their service during the service.
Art. 2 Persons without gainful employment

(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. 3 People participating in the training courses for Youth and Sport executives (J + S)

(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.

Section 2 Calculation of allowance

Art. 4 Employee 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:

A.
Disease;
B.
An accident;
C.
A period of unemployment;
D.
Period of service within the meaning of s. 1 A LAPG;
E.
A period of maternity;
F.
Other grounds involving no fault of his own.

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. 5 Determination of Average Daily Gain Prior to Service for Employees with Regular Income

(art. 11 LAPG)

1 The following are considered employees with regular income:

A.
Have a work report entered into for an indefinite period of time or for at least one year and whose income is not subject to large fluctuations;
B.
Who have interrupted their activity due to illness, accident, unemployment, service or maternity or for any other reason that does not involve any fault on their part.

2 The average daily gain earned before the service is determined as follows:

A.
For employees paid on time, the last hourly wage paid before the service is multiplied by the number of hours worked during the last normal work week preceding the service and this product is divided by seven;
B.
For employees paid in the month, the last monthly salary received before the service is divided by 30;
C.
For paid employees in another way, the salary received during the last four weeks preceding the service is divided by 28.

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. 6 Determination of the average daily gain acquired before service for employees with irregular income

(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. 7 Allocation of persons engaged in self-employment

(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. 8 Allocation of persons who are self-employed and self-employed

(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. Allowance for persons who received per diem allowances prior to service

(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. 10 Allowance during basic training in civil protection

(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. 11 Length of civil service equivalent to a recruit school

(art. 9, para. 3, LAPG)

The term equivalent to a recruit school is:

A.
The first 124 days of civil service, if the person making the civilian service has not been incorporated into a weapon;
B.
The duration of the recruit school that corresponds to the respective weapon, if the person was incorporated into a weapon prior to his or her assignment to the civilian service.

Section 3 Childcare allowance

Art. 12 Additional costs for child care

(art. 7, para. 1, LAPG)

In particular, additional costs for the care of children are:

A.
Expenses for meals that children take out of the home;
B.
Accommodation and travel expenses for children received by third parties;
C.
Compensation for domestic or domestic helpers;
D.
Fees for crèches and nurseries;
E.
The travel expenses of a third party who, in order to keep the children, travel to the person making the service.
Art. 13 Allocation Amount

(art. 7, para. 2, LAPG)

1 Only actual costs shall be reimbursed, but up to a maximum of 27 % of the maximum amount of the total allowance, multiplied by the number of days of service.

2 Expenses less than 20 francs are not reimbursed.

Section 4 Operating allowance paid to family members working in the farm

(art. 8, para. 2, LAPG)

Art. 14

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:

A.
They are agricultural workers within the meaning of s. 1 A , para. 2 let. A and b, of the Federal Act of 20 June 1952 on Family Allowances in Agriculture (LFA) 1 The operator's spouse;
B.
They perform an uninterrupted period of service of at least 12 days; and
C.
They shall be replaced for at least ten days by an auxiliary to whom an average daily wage in cash equal to or greater than the amount of the operating allowance is paid.

Section 5 Exercise of entitlement to allowance

Art. 15 Allocation Request

(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:

A.
Staffs and units;
B.
The civil protection authorities responsible for the summonses;
C.
The federal body responsible for the implementation of the civil service and their enforcement agencies;
D.
At the Federal Office of Sport.

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. 16 Certification of number of days 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. 17 Employer's Statement of Salary

(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. 18 Exercise of the right to allowance by third parties

(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. 19 Competent compensation fund

(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:

A.
For persons who are subject to the payment of AVS contributions, the credit union which received the contributions before the entry into service;
B.
For persons resident in Switzerland who are exempt from the obligation to pay contributions, the cantonal compensation fund for their place of residence;
C.
For persons residing abroad who are not compulsorily insured under the AVS, the Swiss compensation fund.

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.

Section 6 Establishment and payment of the allowance

Art. Setting allocation

(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. Payment of allocation

(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. Allowance for persons outside Canada

(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.


Chapter 2 Maternity Allowance

Section 1 Commencement and termination of entitlement

Art. Birth of the law

(art. 16 C LAPG)

The right to an allowance arises:

A.
When the mother gives birth to a viable child; or
B.
When the pregnancy lasted at least 23 weeks.
Art. 24 Postponement of the allowance in case of prolonged hospitalization of the newborn

(art. 16 C , para. 2, LAPG)

1 The beginning of entitlement to the allowance may be carried forward:

A.
If the mother makes the request under s. 16 C , para. 2, LAPG; and
B.
If certified by a medical certificate that the newborn must remain in hospital for at least three weeks immediately following the birth.

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. 25 Extinguishing the right to return to work

(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.

Section 2 Minimum period of membership

Art. 26 Consideration of foreign contribution periods

(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:

A.
In one of the States party to the agreement of 21 June 1999 between the Swiss Confederation of the one part, and the European Community and its Member States, of the other part, on the free movement of persons 1 Annex II and the regulations n Bone 1408/71 and 574/72 2 In modified version 3 ;
B.
In the member countries of the European Free Trade Association .

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. 27 Reduced minimum insurance duration in the case of pre-term delivery

(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:

A.
8 months if delivery occurs between 8 E Months of pregnancy and the term;
B.
7 months if delivery occurs between 7 E And the 8 E Months of pregnancy;
C.
6 months if delivery occurs before 7 E Months of pregnancy.

Section 3 Minimum duration of the gainful occupation

Art. 28 Taking into account the gainful activity carried out abroad

(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:

A.
In one of the States party to the agreement of 21 June 1999 between the Swiss Confederation of the one part, and the European Community and its Member States, of the other part, on the free movement of persons 1 Annex II and the regulations n Bone 1408/71 and 574/72 2 In modified version 3 ;
B.
In the member countries of the European Free Trade Association .

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. Mothers of Unemployment

(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:

A.
Whether she received unemployment insurance benefits up to the date of birth; or
B.
If it met the condition of the necessary contribution period provided for by the Federal Act of June 25, 1982 on Unemployment Insurance 1 To collect allowances at the time of delivery.

Art. Mothers on work incapacity

(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:

A.
Compensation for loss of gain in the event of sickness or accident of a social or private insurance, or
B.
Per diems for disability insurance.

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.

Section 4 Calculation of allowance

Art. Employed mother's allowance

(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:

A.
Disease;
B.
An accident;
C.
A period of unemployment;
D.
Period of service within the meaning of s. 1 A LAPG;
E.
Other grounds that do not involve any fault on his part.

2 In addition, by analogy, s. 5 and 6.

Art. 32 Allowance of the mother engaged in an independent activity

(art. 16 E LAPG)

Art 7, para. 1, applies to the calculation of the allowance accruing to a mother performing an independent activity.

Art. 33 Maternal allowance for both self-employed and self-employed persons

(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.

Section 5 Exercise of the right, fixation and payment of the allowance

Art. 34 Application and Competent Compensation Fund

(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. 35 Attaching and paying the allowance

(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.


Chapter 3 Common provisions

Art. 36 1 Rate of contributions

(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. Assessment of contributions for employed persons

(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. 38 Assessment of contributions for persons engaged in self-employment and for persons without gainful employment

(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. 39 Payment Regulations

(art. 21 LAPG)

The employer includes the allowances that it has paid in the statement for the clearing fund.

Art. 40 Bad refund claims

(art. 20 LAPG)

Art. 79 Bis RAVS 1 Applies to bad debts in return.


Art. Administration Fee Coverage

(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.

Art. Applicable Provisions

The chap. IV and art. 34 to 43, 200 to 203, 205 to 211, 212 Bis And 213 RAVS 1 Apply by analogy, subject to the contrary provisions of the GPA and these Regulations.


Chapter 4 Final provisions

Art. 43 Executing

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.


1 The designation of the administrative unit has been adapted to 1 Er Jan 2013 under Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).

Art. 44 Repeal of the law in force

Are repealed:

A.
The Regulation of 24 December 1959 on benefits for loss of gain (CAP) 1 ;
B.
The order of 31 July 1972 concerning allowances for loss of gain in favour of persons participating in the 'Youth and Sport' leaders' courses 2 .

1 [RO 1959 2209, 1964 329, 1969 323, 1973 2056 2153, 1976 63, 1981 1020 art. 5, 1983 919 art. 5, 1987 1397, 1992 1842, 1994 2177, 1996 2685 Appendix 3 c. 9, 1999 1854, 2002 723 Appendix 2 c. 8 3350, 3942, 2003 5215 hp. II, 2004 4377]
2 [RO 1972 1774]

Art. 45 Amendment of the law in force

... 1


1 The mod. Can be viewed at RO 2005 1251 .

Art. Transitional provisions

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.

Art. Entry into force

This Regulation shall enter into force on 1 Er July 2005.



RO 2005 1251



State 1 Er January 2016