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RS 836.2 Federal Family Allowances Act, March 24, 2006 (Family Allowances Act, LAFam)

Original Language Title: RS 836.2 Loi fédérale du 24 mars 2006 sur les allocations familiales (Loi sur les allocations familiales, LAFam)

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836.2

Federal Family Allowances Act * 1

(Family Allowances Act, LAFam)

On 24 March 2006 (State 1 Er January 2013)

The Swiss Federal Assembly,

See art. 116, para. 2 and 4 of the Constitution 2 , having regard to the report of the Commission on Social Security and Public Health of the National Council of 20 November 1998 3 And the supplementary report of 8 September 2004 4 , having regard to the opinions of the Federal Council of 28 June 2000 5 And 10 November 2004 6 ,

Stops:

Chapter 1 Applicability of the LPGA

Art. 1

The provisions of the Federal Act of 6 October 2000 on the general part of social insurance law (LPGA) 1 Apply to family allowances, unless this Act expressly derogates from the LPGA. Art. 76, para. 2, and 78 LPGA are not applicable.

1 RS 830.1

Chapter 2 General provisions

Art. 2 Definition and purpose of family allowances

Family allowances are cash benefits, unique or periodic, intended to partially offset the financial burden represented by one or more children.

Art. 3 Types of allocations and competences of the cantons

1 Family allowances include:

A.
The child's allowance; it is granted as and including the month of the birth of the child, up to the end of the month in which the child reaches the age of 16; if the child is unable to engage in a gainful occupation (art. 7 LPGA 1 ), the allowance is paid up to the age of 20;
B.
Vocational training allowance; it shall be granted from the month following the month in which the child reaches the age of 16 years until the end of his or her training, but no later than the end of the month in which the child reaches the age of 25 Years.

2 The cantons may provide in their family allowance scheme with a higher minimum rate for the child allowance and the vocational training allowance than those provided for in Art. 5, as well as a birth allowance and an adoption allowance. The provisions of this Law shall also apply to such allowances. Any other benefit is paid out and financed outside the family allowance system. The other benefits provided for in an individual employment contract, collective labour agreement or other regulations are not family allowances within the meaning of this Act.

3 The birth allowance is paid for every child born alive or after a pregnancy of at least 23 weeks. The Federal Council may lay down further conditions. The adoption allowance shall be paid for each minor child placed for adoption. The adoption of the child of the spouse is not eligible for the allowance.

1 RS 830.1

Art. 4 Children entitled to allowances

1 Right to allowances:

A.
The children with whom the person entitled has a relationship of filiation under the civil code 1 ;
B.
The children of the spouse of the eligible person;
C.
Children collected;
D.
The brothers, sisters and grandchildren of the entitled person, if he or she assumes the preponderance of the maintenance.

2 The Federal Council regulates the modalities.

3 For children living abroad, the Federal Council determines the conditions for granting the allowances. The amount of the allowances is based on the purchasing power of the country of residence.

1 RS 210

Art. 5 Amount of family allowance

1 The child allowance is at least 200 francs per month.

2 The vocational training allowance is at least 250 francs per month.

3 The Federal Council adjusts the minimum amounts to the increase at the same term as the old-age and survivors' insurance (AVS) annuities, provided that the Swiss consumer price index has increased by at least 5 percentage points since the date of the That the amounts were last set.

Art. 6 Prohibition of cumulation

The same child shall not be entitled to more than one such allowance. Payment of the difference provided for in s. 7, para. 2, is reserved.

Art. 7 Rights Contest

1 Where more than one person can claim entitlement to family allowances for the same child under federal or cantonal legislation, entitlement to benefits is recognized in the following order of priority:

A.
To the person engaged in a gainful occupation;
B.
To the person holding the parental authority or holding the parental authority to the majority of the child;
C.
The person with whom the child lives most of the time or lived up to a majority;
D.
To the person to whom the family allowance scheme of the child's home canton is applicable;
E. 1
The person with the highest income under AVS and from a gainful occupation; and
F. 2
To the person whose income under AVS and from an independent gainful occupation is the highest.

2 In the event that the family allowances of the first and second right holders are governed by the provisions of two different cantons, the latter is entitled to the payment of the difference where the legal minimum rate is higher in its own Township than in the other.

1 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).
2 Introduced by c. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).

Art. 8 Family allowances and maintenance contributions

A person who is entitled under a judgment or agreement to make a maintenance contribution for one or more children must, in addition to that contribution, pay the family allowances.

Art. Payment to third parties

1 If family allowances are not used in favour of the person to whom they are intended, that person or his or her legal representative may request, in derogation from s. 20, para. 1, LPGA 1 , whether the family allowances are paid directly to it, even if it does not depend on public or private assistance.

2 Notwithstanding s. 20, para. 1, LPGA, the vocational training allowance may, upon reasoned request, be paid directly to the major child.

1 RS 830.1

Art. 10 Ingrability

Family allowances are exempt.

Chapter 3 Family allowance schemes

Section 1 Persons engaged in non-agricultural gainful employment 7

Art. 11 Assureciation

1 Subject to this Act:

A.
Employers who are required to pay contributions under s. 12 of the Federal Act of 20 December 1946 on old-age and survivors' insurance (LAVS) 1 ;
B.
Employees whose employer is not required to pay contributions under s. 6 WASHERS;
C. 2
Persons engaged in an independent gainful occupation who are compulsorily insured under the AVS in that capacity.

2 Employed persons who are considered as such by the federal legislation on old-age and survivors insurance.

1 RS 831.10
2 Introduced by c. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).

Art. 12 Applicable family allowance system

1 Persons subject to this Law shall be obliged to join a compensation fund for family allowances in the canton whose family allowance scheme is applicable to them. Persons engaged in an independent gainful occupation are subject to the rules concerning the affiliation with the funds referred to in Art. 17, para. 2, let. B. 1

2 Employers and persons engaged in self-employed gainful employment shall be subject to the family allowance scheme of the canton in which the enterprise has a seat, or in the absence of such a seat, of their canton of domicile. The branches of employers are subject to the family allowance system in the canton where they are established. The cantons may agree on diverging provisions. 2

3 Employees whose employer is not required to pay contributions are subject to the family allowance scheme of the canton in which they are affiliated with the AVS.

1 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).
2 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).

Art. 13 Right to family allowances

1 Employees in the service of a taxable employer who are compulsorily insured under the AVS as such are entitled to family allowances. 1 The benefits are paid by the family allowance system of the canton referred to in s. 12, para. 2. The right is born and expires with the right to pay. The Federal Council regulates entitlement to family allowances after the expiry of the right to pay.

2 Employees whose employer is not required to pay contributions are entitled to family allowances. The benefits are paid by the family allowance system of the canton referred to in s. 12, para. 3. This right is born and expires with the right to pay. The Federal Council regulates entitlement to family allowances after the expiry of the right to pay.

2bis Persons engaged in an independent gainful occupation who are compulsorily insured under the AVS as such are entitled to family allowances. The benefits are paid by the family allowance system of the canton referred to in s. 12, para. 2. The Federal Council regulates the terms of birth and expiry of entitlement to allowances. 2

3 Only whole allocations are paid. Right to allowances the person who pays AVS contributions on an annual income from a gainful occupation that is at least one-half of the annual amount of the minimum total old-age pension of the DSA.

4 The Federal Council regulates:

A.
Entitlement to allowances and coordination with benefits paid in the event of incapacity for work and incapacity to work;
B. 3
The procedure and competence of the family allowance compensation funds for persons who have more than one employer or who are self-employed and self-employed.

1 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).
2 Introduced by ch. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).
3 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).

Art. 14 Compensating funds for family allowances

The implementing bodies are:

A.
Compensation funds for professional and inter-professional family allowances recognised by the cantons;
B.
Cantonal compensation schemes for family allowances;
C.
The family allowance compensation funds managed by AVS compensation funds.
Art. 15 Tasks of the Family Allowance Compensation Funds

1 It is the responsibility of the family allowance clearing funds, in particular:

A.
Fixing and remitting family allowances;
B.
Fixing and collecting contributions;
C.
To take and notify decisions and decisions on opposition.

2 Family allowances are generally paid by the employer to eligible employees.

3 The family allowance compensation funds shall ensure their financial balance by constituting an adequate reserve for the hedging of fluctuation risks.

Art. 16 Funding

1 The cantons regulate the financing of family allowances and administrative costs.

2 The contributions are calculated per cent of the income that is subject to contributions in the DSA.

3 The cantons decide whether, within the same compensation fund for family allowances, the same contribution rate is applied to income subject to contributions in the AVS of employees and those of persons engaged in gainful employment Independent. 1

4 Contributions of persons engaged in self-employed gainful employment shall be levied only on the share of income which is equivalent to the maximum amount of the gain in compulsory accident insurance. 2

1 Introduced by ch. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).
2 Introduced by ch. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).

Art. 17 Powers of the cantons

1 The cantons create a cantonal compensation fund for family allowances and transfer the management to the cantonal compensation fund AVS.

2 The family allowance compensation funds are subject to the supervision of the cantons. Subject to and in addition to this Law, taking into account also the organisational structures and procedure governing the AVS, the cantons shall lay down the necessary provisions. They regulate in particular:

A.
The mandatory creation of a cantonal clearing fund;
B.
Membership in the caisses and the registration of persons subject to s. 11, para. 1;
C.
The conditions and the procedure for recognition;
D.
Withdrawal of recognition;
E.
The amalgamation and dissolution of the caisses;
F.
The tasks and obligations of the caisses and employers;
G.
The conditions of passage from one caisse to another;
H.
The status and tasks of the cantonal caisse;
I.
Review of cases and control of employers;
J.
Financing, including the possible key to the distribution of contributions between employers and employees;
K.
Possible compensation between the funds (overcompensation);
L.
The possible allocation of compensation funds for family allowances to other tasks, in particular military support and protection of the family.

Section 2 Persons engaged in gainful farming

Art. 18

Farm workers and self-employed farmers are entitled to family benefits under the conditions set out in the Federal Act of 20 June 1952 on Family Allowances in Agriculture 1 .

1 RS 836.1

Section 3 Persons without gainful employment

Art. 19 Right to family allowances

1 Persons compulsorily insured in the AVS as persons without gainful employment are considered to be without gainful employment. 1 They are entitled to the family allowances provided for in Art. 3 and 5. Art. 7, para. 2, is not applicable. They are the responsibility of the canton in which they are domiciled.

1bis Persons who are compulsorily insured to the AVS as employees or as persons engaged in an independent gainful occupation and who do not attain the minimum income referred to in Art. 13, para. 3, are also considered to be without gainful activity. 2

2 The right to family allowances shall be granted only if the taxable income is equal to or less than one and a half times the amount of a maximum full old-age pension of the AVS and no further provision of the DSA is collected.

1 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).
2 Introduced by ch. I of the LF of 18 March 2011, in force since 1 Er Jan 2013 ( RO 2011 3973 4949; FF 2009 5389 5407).

Art. Funding

1 Family allowances paid to persons without gainful employment are financed by the cantons.

2 The cantons may provide that these persons pay a contribution fixed in per cent of the contributions due to AVS, if they exceed the minimum provided for in Art. 10 WASHERS 1 .

1 RS 831.10

Art. Powers of the cantons

Subject to and in addition to this Law, the cantons shall lay down the necessary provisions on the granting of allowances, the organisation of the scheme and its financing.

Chapter 3 A 8 Registry of Family Allowances

Art. A Purpose

The clearing house shall maintain a register of family allowances for the following purposes:

A.
Prevent the accumulation of family allowances referred to in s. 6;
B.
To establish transparency on the family allowances paid;
C.
Support the services referred to in s. 21 C In the performance of this Act;
D.
Inform the Confederation and the cantons and provide the necessary data for statistical analyses.
Art. B Data Access

1 The Federal Council determines which services have online access to the Family Allowance Register.

2 The fact that family allowances are granted and the name of the service that pays them are publicly available data. Requests for information must include the child's AVS number and date of birth. The Federal Council may, however, prohibit access to such data for the benefit of the child.

Art. C Data Communication

The following services shall provide the clearing house with the data necessary for the maintenance of the Family Allowance Register without delay:

A.
Compensation funds for family allowances within the meaning of s. 14;
B.
Unemployment funds within the meaning of s. 77 and 78 of the Federal Act of 25 June 1982 on compulsory unemployment insurance and compensation in the event of insolvency 1 ;
C.
AVS compensation funds for the performance of their duties under s. 13 of the Federal Act of 20 June 1952 on Family Allowances in Agriculture 2 And art. 60, para. 1, of the Federal Disability Insurance Act of June 19, 1959 3 ;
D.
Cantonal services responsible for the execution of family allowances for persons without gainful employment.

1 RS 837.0
2 RS 836.1
3 RS 831.20

Art. D Funding

The Family Allowance Register is financed by the Confederation.

Art. E Implementing provisions

The Federal Council shall issue the implementing provisions in cooperation with the services referred to in Art. 21 C In particular, it rules:

A.
The data to be captured and processed;
B.
Access to data;
C.
Organisational and technical measures to ensure data protection and security;
D.
The retention period of the data.

Chapter 4 Legal and penal provisions

Art. Features of the Litigation

Notwithstanding s. 58, para. 1 and 2, LPGA 1 , decisions taken by the family allowance compensation funds may be appealed to the district insurance court of which the family allowance scheme is applied.

1 RS 830.1

Art. Criminal Provisions

Art. 87 to 91 LAVS 1 Apply to persons who violate the provisions of the law in one of the ways described in those sections.

1 RS 831.10

Chapter 5 Relationship with European law

Art. 24

1 Also applicable to persons referred to in s. 2 of Regulation n O 1408/71 1 In respect of the benefits provided for in s. 4 of the said Regulation as long as they are included in the material scope of this Law: 2

A. 3
The Agreement of 21 June 1999 between, on the one hand, the Swiss Confederation and, on the other, the European Community and its Member States on the free movement of persons (agreement on the free movement of persons) 4 In the version of the protocols of 26 October 2004 5 And 27 May 2008 6 On the extension of the Agreement on the free movement of persons to the new Member States of the EC, its Annex II and the regulations n Bone 1408/71 and 574/72 7 In their adapted version;
B.
The Convention of 4 January 1960 establishing the European Free Trade Association 8 In the version of the Agreement of 21 June 2001 amending the Convention, its Annex K, Appendix 2 to Annex K and the regulations n Bone 1408/71 and 574/72 in their adapted version.

2 Where the expressions "Member States of the European Community" and "States of the European Community" are set out in this Law, they shall designate the States to which the agreement referred to in para. 1, let. A.

1 R (EEC) n O Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community; in the latest version In force according to the Ac. On the free movement of persons (RS 0.831.109.268.1 ) And the revised EFTA.
2 New content according to Art. 3 ch. 10 of the FA of 13 June 2008 (extension and extension of the ac. On freedom of movement in Bulgaria and Romania), in force since 1 Er June 2009 ( RO 2009 2411 ; FF 2008 1927 ).
3 New content according to Art. 3 ch. 10 of the FA of 13 June 2008 (extension and extension of the Ac. On freedom of movement in Bulgaria and Romania), in force since 1 Er June 2009 ( RO 2009 2411 ; FF 2008 1927 ).
4 RS 0.142.112.681
5 RO 2006 995
6 RS 0.142.112.681.1
7 R (EEC) n O 574/72 of the Council of 21 March 1972 laying down detailed rules for the application of R (EEC) 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving to Within the Community; in the latest version in force according to the Ac. On the free movement of persons (RS 0.831.109.268.11 ) And the revised EFTA.
8 RS 0.632.31

Chapter 6 Final provisions

Art. 25 Enforcement of AVS Legislation

The provisions of the legislation on AVS, including derogations from the LPGA, are applicable 1 , concerning:

A.
The processing of personal data (art. 49 A LAVS 2 );
B.
Communication of data (art. 50 A LAVS);
C.
Employer's responsibility (s. 52 WASHERS);
D.
Compensation (art. 20 WASHERS);
E.
The rate of interest and income interest;
F. 3
AVS (art. 50 C LAVS);
G. 4
The systematic use of AVS (art. 50 D LAVS).

1 RS 830.1
2 RS 831.10
3 Introduced by c. I of the LF of 18 June 2010, in force since 15 Oct 2010. 2010 ( RO 2010 4491 ; FF 2009 5491 ).
4 Introduced by c. I of the LF of 18 June 2010, in force since 15 Oct 2010. 2010 ( RO 2010 4491 ; FF 2009 5491 ).

Art. 26 Cantonal provisions

1 The cantons shall adapt their family allowance schemes until the entry into force of this Law and enact the implementing provisions in accordance with Art. 17.

2 Where the final provisions cannot be laid down in time, the cantonal government may adopt provisional rules.

3 The cantonal implementing provisions must be brought to the attention of the federal authorities.

Art. 27 Implementing provisions

1 The Federal Council is responsible for implementation. It lays down the implementing provisions necessary to ensure a uniform application.

2 To assume the role of supervisory authority conferred upon it by s. 76 LPGA 1 , it may instruct the Federal Social Insurance Office to give instructions to the services responsible for the implementation of this Law and to establish harmonised statistics.

1 RS 830.1

Art. 28 Amendment of the law in force

The amendments to the existing law are set out in the Annex.

Art. 28 A 1 Transitional provisions of the amendment of 18 June 2010

1 The services referred to in s. 21 C Must have prepared the data to be communicated to the Central Compensation Centre for the implementation of the Family Allowance Register no later than three months after the entry into force of this amendment.

2 The Federal Council regulates the initial delivery of the data to the clearing house.

1 Introduced by ch. I of the LF of 18 June 2010, in force since 15 Oct 2010. 2010 ( RO 2010 4491 ; FF 2009 5491 ).

Art. 28 B 1 Transitional provision for the amendment of 18 March 2011

The cantons adapt their family allowance schemes before the entry into force of this amendment.

1 Introduced by ch. I of the LF of 18 March 2011, in force since 1 Er Seven. 2011 ( RO 2011 3973 ; FF 2009 5389 5407).

Art. Referendum and entry into force

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force, subject to para. 3.

3 Art. 17 and 26 shall enter into force, in the absence of a referendum, on the first day of the second month following the expiry of the referendum period or, in the case of a referendum, on the first day of the fourth month following its acceptance by the people.

Annex

(art. 28)

Amendment of the law in force

... 1

1 The mod. Can be viewed at RO 2008 131 .

State 1 Er January 2013