Key Benefits:
(State 1 Er October 1997)
Original text
| The Chief |
Bern, 26 October 1994 |
| Of the Federal Department |
|
| Foreign Affairs |
|
| Dr. Arpad Bogsch |
|
| Secretary-General |
|
| International Union |
|
| For the protection of plant varieties |
|
| Geneva |
Secretary-General,
I have the honour to refer to the discussions which took place between, on the one hand, representatives of the International Union for the Protection of New Varieties of Plants, in Geneva, hereinafter referred to as the Union, and other international organizations And, on the other hand, my Department concerning a judgment delivered on 25 February 1991 by the Federal Insurance Court. According to this decision, an international civil servant of Swiss nationality, who is exempted from the accumulation of excessive charges under Art. 1, para. 2, let. B, Federal Old Age and Survivor Insurance Act 2 (LAVS), remains affiliated with Unemployment Insurance and is required to make contributions. Relying on the freedom and independence which international organisations and their officials must enjoy in relation to the host State-which Switzerland does not intend to call into question-and the fundamental principle of equality On the basis of the special status it enjoys in Switzerland under the Agreement concluded on 17 November 1983 3 With the Swiss Federal Council, the Union made known that it could not subscribe to such an affiliation.
On behalf of the Swiss Federal Council, I have the honour to propose that as of 1 Er January 1994, officials of Swiss nationality of the Union are no longer considered by the host State to be insured under the compulsory old-age and survivors' insurance (AVS), invalidity insurance (DI), insurance for loss of gain (APG) and unemployment insurance (UI), provided that they are affiliated with a system of foresight provided for by the Union. They will be able to join, on a voluntary basis, either at the AVS/AI/APG/AC or in HQ alone, on the understanding that such an individual affiliation will not result in any compulsory financial contribution from the Union. In order to do so, they must file their application for accession with the compensation fund of the canton of their domicile within three months of their affiliation to a system of foresight provided for by the Union or, for those who are already In the service of the Union, within six months of your reply to this letter.
In addition, I have the honour to propose that the spouses, Swiss or foreign, of international civil servants of Swiss nationality, who are domiciled in Switzerland, are no longer compulsorily insured by the AVS/AI/APG, when they do not Of a gainful occupation at the time of the international civil servant's affiliation with the system of foresight provided for by the Union or when they subsequently cease their gainful occupation. They will be able to join the AVS/AI/APG on a voluntary basis. In order to do so, they must file their application with the compensation fund of the canton of their domicile within three months of the international civil servant's affiliation to a system of foresight provided for by the Union, or in a Three months from the date of the cessation of their gainful occupation or within six months from the date of your reply to this letter, when the international civil servant is already serving the Union. The regulations described above also apply to spouses-who do not enjoy privileges and immunities-of foreign international civil servants who are exempt from Swiss social security under s. 1, para. 2, let. A, LAVS
Insured persons may, at any time, terminate all insurance coverage they have chosen for the end of the current month. The AVS/AI/APG/AC insured may, however, terminate only the AVS/AI/APG and maintain their affiliation with the CA. Termination shall be valid for the duration of the commitment of the international civil servant to the service of the Union. Subject to the specific conditions set out in this letter, the provisions of the AVS/AI/APG/AC shall apply to them. Those insured persons who fail to meet their obligations within the prescribed time limit will be excluded after warning.
The Union shall provide the Federal Department of Foreign Affairs with the list at 1 Er January 1994 persons of Swiss nationality who are affiliated to that date with a system of foresight provided for by the Union and shall notify in writing each admission or exit of a Swiss official to audit or the said system.
I would be grateful if you would let me know if the above meets your approval. If yes, this letter and your reply will constitute an agreement by way of exchange of letters. The latter shall enter into force on the date of notification by the federal authorities of the completion of the constitutional formalities required for that purpose. Until this date and from 1 Er January 1994, it will be applied provisionally.
It may be terminated by either party on the first day of a calendar year, subject to twelve months' written notice.
Please accept, Sir, the assurance of my high regard.
| Flavio Cotti |
| Federal Councillor |
On behalf of the Union, I accept the provisions contained in your letter. Accordingly, your letter and mine constitute an agreement by way of exchange of letters. The latter shall enter into force on the date of notification by the federal authorities of the completion of the constitutional formalities required for that purpose. Until this date and from 1 Er January 1994, it will be applied provisionally.
I would ask you to approve, Sir, the assurance of my high regard.
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1 Art. 1 Er Al. 1 let. T PA of March 4, 1996 (RO 1997 609)
2 RS 831.10
3 RS 0.192.122.25
