Key Benefits:
Of 1 Er October 2010 (State 1 Er July 2015)
The Swiss Federal Assembly,
See art. 22, para. 1, of the Law of 19 March 2010 on the organisation of criminal authorities (LOAP) 1 , having regard to the report of the Committee on Legal Affairs of the Council of States of 20 May 2010 2 , having regard to the opinion of the Federal Council of 4 June 2010 3 ,
Stops:
This order shall govern the working reports and the treatment of the Attorney General of the Confederation and of the Deputy Prosecutors General.
1 The working reports of the Attorney General of the Confederation and his alternates are based on their election by the Federal Assembly, which they must have accepted.
2 The details of the working reports (start, initial treatment, occupational foresight) are generally pre-determined by the Judicial Commission, subject to the election by the Federal Assembly.
1 Before taking office, the Attorney General and his alternates undertake by oath or solemn promise to fulfil in conscience the duties of their office.
2 They take the oath or solemn promise before the supervisory authority of the Public Prosecutor's Office of the Confederation (Supervisory Authority).
1 The period of office is governed by s. 20, para. 3, of the LOAP.
2 When the Attorney General and his alternates reach the ordinary age of retirement provided for in the provisions of the Staff Reports of the Confederation Staff, their period of office shall end at the end of the calendar year.
3 Vacancies are vacant for the remainder of the period.
1 The treatment of the attorney general corresponds to class 36, that of deputy general prosecutors in class 33, provided for in art. 36 of the Order of 3 July 2001 on the personnel of the Confederation (OPers) 1 .
2 The Judicial Commission fixes the initial treatment. It takes into account the age, training and professional and extra-professional experience of the person to be elected, as well as the labour market.
3 To 1 Er January of each year, the salary increases by 3 % of the maximum amount of the evaluation step until this amount is reached.
4 No benefit premium within the meaning of s. 49 OPers are not paid.
1 RS 172.220.111.3
The residence allowance, the compensation of the increase, the family allowances and the allowance for assistance to the close relatives are allocated in accordance with the provisions on the working relations of the staff of the Confederation.
1 The benefits payable by the employer in the event of incapacity to work due to sickness, accident, invalidity, military service, civil protection or civil service and maternity as well as the employer's benefits to be paid to the Survivors in the event of death are granted in accordance with the provisions of the Staff Working Reports of the Confederation.
2 The Attorney General and his substitutes are insured with the pension fund PUBLICA, namely the Provident Fund of the Confederation, against the economic consequences of old age, disability and death.
The Attorney General and his alternates shall carry out their activities on a full-time basis.
1 By calendar year, the Attorney General and his alternates shall be entitled to the following holidays:
2 In principle, the holiday must be taken during the calendar year in which the right to vacation begins. If this is not possible, they should be taken the following year.
1 The Attorney General and his alternates shall be compensated for the excess of expenses resulting from their professional activity.
2 The rates set by the Federal Department of Finance for the staff of the Confederation shall be applied by analogy to the following:
The Attorney General and his alternates must be domiciled in Switzerland.
1 The Attorney General and his alternates are required to keep the function secret on the facts which come to their knowledge in the course of their official activity.
2 The Supervisory Authority shall act as a superior authority having the power to waive the secrecy of function (Art. 320, c. 2, of the Penal Code 1 ).
1 The supervisory authority may grant to the Attorney General of the Confederation whose working reports are dissolved, or to his alternates, an allowance corresponding to one year's salary at the most if the situation warrants. It takes into account, in particular, the age, the professional and personal situation, the duration of the function and the circumstances of the dissolution of the working reports.
2 The granting of compensation must be approved by the Federal Chambers' Delegation of Finance.
3 The grant of compensation shall be excluded when the prosecutor or his deputy:
4 The allowance is allocated in the form of a capital benefit.
5 The beneficiary must return all or part of the allowance:
1 RS 173.71
2 FF 2010 3737
3 FF 2010 3763
4 Introduced by c. I 2 of the Ass O. Fed. Of 19 June 2015 concerning the compensation paid in the event of the dissolution of the working reports, in force since 1 Er Jul. 2015, applicable for 1 Er Elections from 2015 ( RO 2015 2057 ; FF 2015 2047 2069).