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RS 172.121.1 Order of 6 October 1989 concerning the salaries and professional foresight 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

Order of the Federal Assembly concerning the salaries and professional foresight of judges 1

On 6 October 1989 (State 1 Er January 2002)

The Swiss Federal Assembly,

Having regard to art. 1 and 3 of the Federal Act of 6 October 1989 concerning the salaries and professional foresight of judges 2 ; given the message of the Federal Council of 14 September 1988 3 ,

Stops:

Section 1 Salaries

Art. 1 1 Federal Council

1 The annual salary of the members of the Federal Council is 404,791 francs 2 .

2 It is adapted to the increase in the salaries of the staff of the Confederation.


1 New content according to the c. I of the Ass O. Fed. Of Dec 14. 2001 ( RO 2001 3195 ; FF 2001 3689 ).
2 This amount includes compensation for the 1 % increase granted by the Federal Council for 2002.

Art. 1 A 1 Other judges

The annual treatment of other judges is:

A.
81.6 % of the salary of a member of the Federal Council for the Chancellor of Confederation;
B.
80 % of the salary of a member of the Federal Council for Federal Judges.

1 Introduced by ch. I of the Ass O. Fed. Of Dec 14. 2001 ( RO 2001 3195 ; FF 2001 3689 ).

Art. 2

Upon the death of a judge, the right to treatment is acquired until the end of the month in which he died.

Section 2 Amount of Retirement

Art. 3 Full Retreat

1 Judges receive a pension equivalent to half the salary of a judge on duty.

2 The right to full retirement is born:

A.
For members of the Federal Council, when they leave office after at least four years of activity or prior to health reasons;
B. 1
For the Chancellor of the Confederation, when he leaves office after at least eight years of activity or prior to health reasons;
C.
For judges at the Federal Court when they leave after at least 15 years of activity or for reasons of health.

3 The granting of a complete retirement in the event of premature resignation for health reasons must be approved by the Federal Chambers' Delegation of Finance.


1 New content according to the c. I of the Ass O. Fed. Of Dec 14. 2001 ( RO 2001 3195 ; FF 2001 3689 ).

Art. 4 Retreat in case of premature resignation

1 Premature resignation occurs when a judge leaves office without the right to full retirement.

2 When a member of the Federal Council or the Chancellor of the Confederation resigns prematurely, the Federal Council may grant him, temporarily or permanently, a retirement up to half the salary of a judge in office. The decision must be approved by the Federal Chambers' Delegation of Finance. 1

3 When a judge of the Federal Court resigns prematurely, his retirement is reduced by one per cent of the salary of a judge in office for each full year that he or she would still have had to carry out fifteen years of activity.


1 New content according to the c. I of the Ass O. Fed. Of Dec 14. 2001 ( RO 2001 3195 ; FF 2001 3689 ).

Art. 5 Reduction of retirement in the event of a continuation of a gainful occupation or of an annuity

As long as a former judge receives income, his retirement is reduced to the extent that the total retirement and income from a gainful occupation and the annuity exceeds the annual salary of a judge in office.

Art. 6 Termination of the right to retirement

Upon the death of a former judge, the right to retirement is acquired until the end of the month in which he died.

Section 3 Survivors' Annuities

Art. 7 Requirements

The right to survivor annuities is acquired if the deceased judge was on duty or if he was entitled to retirement within the meaning of s. 3 or 4.

Art. 8 Joints

1 The widower or widow of a magistrate is entitled to the individual's pension when the marriage 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.

2 The divorced spouse is treated as a widowed spouse, provided that the marriage lasted at least ten years and that the judge who filed the divorce granted him an annuity or a capital allowance instead of a life annuity.

Art. Orphans

1 Children of deceased judges are entitled to an orphan's pension.

2 The 1 Er Subparagraph shall also apply to the children in custody and to the children of the spouse to whom the deceased judge has substantially subdue.

Art. 10 Amount of Annuities

1 The individual's pension is equal to 30 %, the single orphan's pension to 7.5 % and the orphan's pension double to 12.5 % of the treatment of a judge on duty.

2 Reductions within the meaning of s. 4 are also available on survivor annuities. The reductions under s. 5 are not considered.

3 As long as the beneficiary of an individual's pension receives income from a gainful occupation or an annuity, his retirement is reduced to the extent that the total of the annuity and income from a gainful occupation exceeds 50 % of the Annual treatment of a judge in office.

4 The individual's pension paid to the divorced spouse (s. 8, para. 2) is reduced to the extent that the total of the annuity and benefits provided for in the Federal Act of 20 December 1946 on the old-age and survivors' insurance 1 And by the Federal Disability Insurance Act of June 19, 1959 2 , exceeds the amount to which the divorced spouse is entitled under the divorce decree.


Art. 11 Birth and extinction of the law

1 The right to survivor annuities arises on the first day of the month following the month of death. Subject to paras. 2 and 3, he ends the death of the survivors.

2 The surviving spouse who remarries retains his or her right to the individual's pension. However, this right is suspended for the duration of the new marriage.

3 The right to an orphan's pension ends on the day the child reaches the age of 18. If the child is still in apprenticeship or in school or is found to be disabled by two thirds, the right shall end on the day of his or her 25 E Anniversary.

Section 4 4 The exit of a pre-welfare institution from the Confederation

Art. 12

The maintenance of the foresight for the insured persons of the Federal Pension Fund as well as for the teachers referred to in Art. 18, para. 1, of the order of 16 November 1983 on the body of the EPF masters 1 Who are subject to this order is governed by s. 4 of the Federal Act of 17 December 1993 on the free movement of old-age, survivors and invalidity pensions 2 .


1 [RO 1983 1641, 1989 238, 1993 837, 1994 295, 1995 586 3865, 2003 1119. RO 2013 4587 art. 4]. See: O of 19 Nov 2003 concerning the transfer to the Federal Pension Fund PUBLICA of the pension scheme for SFF teachers appointed before 1995 (RS 414.146 ).
2 RS 831.42

Section 5: 5 Final provisions

Art. 13 Executing

Pension and survivor benefits are the responsibility of the Federal Pension Fund. These benefits were reimbursed by the Confederation.

Art. 14 Referendum and entry into force

1 This Order is of general application 1 ; however, under ss. 1 and 3 of the Federal Act of 6 October 1989 concerning the salaries and professional foresight of judges 2 , it is not subject to the referendum.

2 This Order 3 Entered into force at the same time as the Federal Act of 6 October 1989 concerning the salaries and professional foresight of judges.


1 From now on order of the Federal Assembly (art. 163, para. 1, cst. -RS 101 )
2 RS 172.121
3 From now on order of the Federal Assembly (art. 163, para. 1, cst. -RS 101 )



RO 1990 256


1 New content according to the c. I of the Ass O. Fed. Of Dec 14. 2001 ( RO 2001 3195 ; FF 2001 3689 ).
2 RS 172.121
3 FF 1988 III 693
4 New content according to the c. I of the Ass O. Fed. Of Dec 14. 2001 ( RO 2001 3195 ; FF 2001 3689 ).
5 New content according to the c. I of the Ass O. Fed. Of Dec 14. 2001 ( RO 2001 3195 ; FF 2001 3689 ).


State 1 Er January 2002