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RS 837.174 Order of 3 March 1997 on the compulsory occupational foresight of the unemployed

Original Language Title: RS 837.174 Ordonnance du 3 mars 1997 sur la prévoyance professionnelle obligatoire des chômeurs

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837.174

Ordinance on the Compulsory Vocational Contingency of the Unemployed

3 March 1997 (State 1 Er July 2015)

The Swiss Federal Council,

See art. 22 A , para. 3, of the Act of 25 June 1982 on Unemployment Insurance (LACI) 1 , given art. 97, para. 1, of the Federal Act of 25 June 1982 on the occupational pensions, survivors and invalidity (LPP) 2 ,

Stops:

Art. 1 Insured persons

1 The following are subject to compulsory insurance for the risk of death and invalidity of unemployed persons who:

A.
Are entitled to the per diems of unemployment insurance under s. 8 LACI or receive compensation in accordance with s. 29 LACI, and which
B.
Carry out a daily wage coordinated under s. 4 or 5.

2 Are not insured persons who are already insured under s. 47, para. 1, LPP, at least to the extent that they were insured in accordance with this order.

Art. 2 Insurance Coverage

1 The insurance begins on the expiry of the waiting period prescribed in s. 18 LACI. 1

2 The persons for whom the right to compensation is suspended are insured (art. 30 LACE).


1 New content according to the c. I of the O of 22 Feb 2006, in force since 1 Er March 2006 ( RO 2006 739 ).

Art. 3 Principles applicable to the calculation of the coordinated salary

1 The limits fixed in art. 2, 7 and 8 LPP are divided by 260.4 (daily balloons). For partially disabled persons within the meaning of the Federal Disability Insurance Act of June 19, 1959 1 , the limits fixed to the art. 2, 7 and 8, para. 1, LPP are reduced as follows:

Right to an annuity as a fraction of an entire annuity

Reduction of limit balloons

¼

¼

½

½

¾

¾. 2

2 Intermediate gains (art. 24 LACI) and wages from part-time jobs (art. 10, para. 2, let. B, LACI) carried out during a period of control are divided by the number of days controlled during the control period (daily wage). 3


1 RS 831.20
2 New wording of the sentence as per c. 3 of the Annex to the O of 10 June 2005, in force since 1 Er Jan. 2006 ( RO 2005 4279 ).
3 New content according to the c. I of the O of 15 seven. 1999, in force since 1 Er Jan 2000 ( RO 1999 2551 ).

Art. 4 Coordinated daily salary

1 The coordinated daily wage must be ensured.

2 The coordinated daily wage shall be obtained by deducting from the daily unemployment benefit the amount of coordination calculated on a daily basis according to Art. 3, para. 1.

3 If the coordinated daily wage does not reach the amount, calculated on a day-by-day basis, s. 8, para. 2, LPP, it must be rounded to this amount.

4 The insured minimum wage provided for in para. 3 is also valid for the compulsory insurance of persons for whom the limits have been reduced in accordance with Art. 3, para. 1. 1


1 Introduced by ch. 3 of the Annex to the O of 10 June 2005, in force since 1 Er Jan. 2006 ( RO 2005 4279 ).

Art. 5 Coordinated daily wage in case of intermediate gain and part-time activity 1

1 Coordinated daily wage is the sum of:

A. 2
The daily wage from an intermediate or part-time activity; and
B.
Loss of gain giving entitlement to an allowance calculated per day by analogy to s. 3, para. 2;
C.
Less the amount of coordination calculated per day under s. 3, para. 1.

2 If the daily wage from an intermediate gain or a part-time activity is insured under s. 2, para. 1, LPP, the daily coordinated wage should be deducted in accordance with para. 1, the coordinated daily wage from an intermediate gain or a part-time activity. 3


1 New content according to the c. I of the O of 15 seven. 1999, in force since 1 Er Jan 2000 ( RO 1999 2551 ).
2 New content according to the c. I of the O of 15 seven. 1999, in force since 1 Er Jan 2000 ( RO 1999 2551 ).
3 New content according to the c. I of the O of 15 seven. 1999, in force since 1 Er Jan 2000 ( RO 1999 2551 ).

Art. 6 Coordinated salary applicable to the calculation of survivor and disability benefits

1 Benefits paid in the event of death or disability are calculated on the basis of the coordinated salary of the period of control in which the insured event occurred. If the insured person cannot comply with the control requirements, due to the event, the days of each control period prior to the occurrence of the event shall be considered to be controlled.

2 The amount of annuities is calculated on the basis of the old age acquired by the insured before the beginning of the insurance and the sum of the old-age subsidies relating to the missing years from the beginning of the insurance up to the age of pensionable age. The right to retirement, without interest. 1


1 New content according to the c. I of the O of 19 Dec. 2001, effective from 1 Er Jan 2002 ( RO 2002 202 ).

Art. 7 Cessation of the membership of the unemployed to compulsory insurance

In the event of termination of membership of compulsory insurance of the unemployed (art. 2, para. 1 Bis , LPP 1 ), the maintenance of foresight for the risks of death and disability is only possible if the insured:

A.
Are not subject to compulsory insurance under Art. 2, para. 1 or 1 Bis 2 , LPP; or
B.
May not be provided on an optional basis under s. 44 or 46 LPP.

1 Currently " art. 2, para. 3, LPP "
2 Currently "or 3"

Art. 8 Premium Rate Fixation

1 For the risks of death and disability, the contribution rate rises to 1.5 % of the coordinated daily wage. 1

2 The alternate institution regularly monitors whether the contribution rate covers the costs and reports to the unemployment insurance clearing body at least once a year. If the contribution rate is to be adjusted as a result of the development of the risk, the alternate institution shall submit to the unemployment insurance body a proposal for adaptation to be transmitted to the Federal Council. 2

3 The proposal to adjust the contribution rate must be forwarded to the unemployment insurance clearing body no later than three months before the effective date of adaptation. 3

4 The alternate institution shall establish a statistics on the risks of death and invalidity of the unemployed.


1 New content according to the c. I of the O of 27 May 2015, in force since 1 Er Jul. 2015 ( RO 2015 1663 ).
2 New content according to the c. I of the O of 15 seven. 1999, in force since 1 Er Jan 2000 ( RO 1999 2551 ).
3 New content according to the c. I of the O of 15 seven. 1999, in force since 1 Er Jan 2000 ( RO 1999 2551 ).

Art. Contributions

1 One half of the contribution is paid by the unemployed person and the unemployment insurance.

2 The days when the unemployed person is not in receipt of benefits, the contribution is entirely dependent on unemployment insurance.

Art. 10 Tax provisions on the foresight of the unemployed

The contributions made by the recipients of unemployment insurance per diems are deductible from income subject to direct federal, cantonal and communal taxes.

Art. 11 Entry into force

This order shall enter into force on 1 Er July 1997.



RO 1997 1101



State 1 Er July 2015