Rs 172.121.1 Order Of 6 October 1989 On Salaries And Retirement Of Judges

Original Language Title: RS 172.121.1 Ordonnance du 6 octobre 1989 concernant les traitements et la prévoyance professionnelle des magistrats

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172.121.1 of the Federal Assembly Ordinance salaries and retirement of judges from October 6, 1989 (State on January 1, 2002) the Federal Assembly of the Swiss Confederation, view the art. 1 and 3 of the Federal Act of 6 October 1989 on treatment and pension of judges; considering the message of the federal Council on September 14, 1988, stop: Section 1 treatment art. The annual salary of the members of the federal Council federal 1council amounts to 404 791 francs.
It is suitable for higher prices as the salaries of the staff of the Confederation.

New content according to chapter I of O of the SSA. fed. Dec 14. 2001 (RO 2001 3195; FF 2001 3689).
This amount includes the compensation for inflation of 1% granted by the federal Council for 2002.

Art. 1aAutres judges the annual salary of the other magistrates amounts to: a. 81.6% of the salary of a member of the federal Council to the Federal Chancellor; (b) 80% of the salary of a member of the federal Council for federal judges.

Introduced by chapter I of O of the SSA. fed. Dec 14. 2001 (RO 2001 3195; FF 2001 3689).

Art. 2. in the death of a judge, the right to treatment is acquired until the end of the month where he died.

Section 2 amount of retirement art. 3 full retirement judges receive a pension equivalent to half the salary of a magistrate in function.
The entitlement to full retirement begins: a. for members of the federal Council, when they retired after at least four years of activity or prior reasons of health; b. The Chancellor of the Confederation, when he leaves office after eight years of activity or for reasons of health; c. For judges to the Tribunal when they retired after at least fifteen years of activity or for health reasons.

The granting of a full pension in the event of premature resignation for health reasons must be approved by the Delegation of the Finance of the Federal Chambers.

New content according to chapter I of O of the SSA. fed. Dec 14. 2001 (RO 2001 3195; FF 2001 3689).

Art. 4 retirement in the event of premature resignation there is premature resignation when a magistrate resigned without being entitled to full retirement.
When a member of the federal Council or the Federal Chancellor resigns prematurely, the federal Council may allocate it, temporarily or for life, a pension up to a maximum of half the salary of a magistrate in function. The decision must be approved by the Delegation of the Finance of the Federal Chambers.
When a federal court judge resigns prematurely, his retirement is reduced at the rate of one per cent of the treatment of a magistrate in function for each full year that it should still have done to have fifteen years of activity.

New content according to chapter I of O of the SSA. fed. Dec 14. 2001 (RO 2001 3195; FF 2001 3689).

Art. 5 reduction of retirement in pursuit of a lucrative or at the rate of an annuity as long as a former magistrate receive income, retirement is reduced where the total pension and income from a gainful activity and the annuity exceeds the annual salary of a judge in office.

Art. 6 extinction of the right to a pension upon the death of a former magistrate, the right to a pension is acquired until the end of the month where he died.

Section 3 pension survivors art. 7 requirements the right to survivors pension is acquired if the deceased magistrate was in office or whether he was entitled to the pension within the meaning of art. 3 or 4.

Art. 8 joint the widower or widow of a judge is entitled to the widowhood pension when the marriage has lasted at least two years. If the marriage lasted less than two years, the surviving spouse is entitled to a single allowance equivalent to three annuities.
The divorced spouse is assimilated to the widowed spouse if the marriage lasted at least 10 years and that the judge who granted the divorce has allocated him a pension or compensation for capital in place and place of an annuity.

Art. 9 orphan children of deceased judges are entitled to an orphan's pension.
Paragraph 1 applies also to warn children and the children of the spouse whose maintenance the deceased magistrate supported essentially.

Art. 10 amount rents the widowhood pension amounts to 30%, the simple pension to 7.5 percent and the orphan's pension double to 12.5 %t of the treatment of a magistrate in function.
The reductions in the sense of art. 4 are also on the survivors pension. The reductions provided for in art. 5 are not taken into account.
As long a widowhood pension beneficiary receives income from a gainful activity or an annuity, retirement is reduced where the total pension and income from a gainful activity exceeds 50% of the annual salary of a judge in office.
The iddah paid to the divorced spouse annuity (art. 8, para. 2) is reduced where the total of the pension and benefits provided under the Federal Act of 20 December 1946 on old-age insurance and survivors as well as by the Federal Act of 19 June 1959 on disability insurance, exceeds the amount to which the divorced spouse is entitled under the terms of the divorce decree.

RS 831.10 RS 831.20 art. 11 birth and extinguishment of the right the right to survivors pension starts the first day of the month following that of the death. Subject to the al. 2 and 3, it ends at the death of the survivors.
The surviving spouse who remarries retains the right to the pension of iddah. However, this right is suspended for the duration of the new marriage.
The right to an orphan's pension ends on the day when the child reached the age of 18. If the child is still learning or course or it is recognized invalid two-thirds, the right ends its 25 anniversary.

Section 4Sortie of the Pension Fund of the Confederation art. 12. the maintenance of retirement for persons insured under the Federal Pension Fund for teachers referred to in art. 18, al. 1, of the Ordinance of 16 November 1983 on the body of the masters of the ETH which are subject to this order is governed by art. 4 of the Federal Act of 17 December 1993 on free passage within the occupational old-age, survivors, and disability insurance.

[RO 1983 1641, 1989-238, 1993 837, 1994 295, 1995 586 3865, 2003-1119. RO 2013 4587 art. [4]. see: O from nov 19. 2003 concerning the transfer to the Federal Pension Fund PUBLICA of the pension scheme of the professors of ETH appointed before 1995 (RS 414.146).
RS 831.42 Section 5:Dispositions final art. 13 run the payment of pensions and survivor benefits is the responsibility of the Federal Pension Fund. These benefits are reimbursed him by the Confederation.

Art. 14 referendum and entry into force this order is of general application; However, under art. 1 and 3 of the Federal Act of 6 October 1989 on salaries and retirement of judges, it is not subject to the referendum.
This order comes into force at the same time as the Federal law of 6 October 1989 on salaries and retirement of judges.

Now the order of the Federal Assembly (art. 163, al. 1, cst. - RS 101) RS 172.121 from now on order of the Federal Assembly (art. 163, al. 1, cst. - RS 101) RO 1990 256 new content according to chapter I of O of the SSA. fed. Dec 14. 2001 (RO 2001 3195; FF 2001 3689).
RS 172.121 FF 1988 III 693 new content according to chapter I of O of the SSA. fed. Dec 14. 2001 (RO 2001 3195; FF 2001 3689).
New content according to chapter I of O of the SSA. fed. Dec 14. 2001 (RO 2001 3195; FF 2001 3689).

State on January 1, 2002

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