Agreement between the Swiss Confederation and…
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 25 Persons covered
1. Without prejudice to Parts Two and Four, this Part shall apply to the following persons: a) Swiss nationals who are subject to the legislation of the United Kingdom immediately before the specified date, as well as their family members and survivors; b) United Kingdom nationals who are subject to the legislation of Switzerland immediately before the specified date, as well as their family members and survivors; c) Swiss nationals who reside in the United Kingdom and are subject to the legislation of Switzerland immediately before the specified date, as well as their family members and survivors; d) United Kingdom nationals who reside in Switzerland, and are subject to the legislation of the United Kingdom immediately before the specified date, as well as their family members and survivors; e) persons who do not fall within points (a) to (d) but are: i) Swiss nationals who pursue an activity as an employed or self-employed person in the United Kingdom immediately prior to the specifi
Art. 26 Social security coordination rules
1. The rules and objectives set out in Article 8 of the FMOPA, Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council shall apply to the persons covered by this Part. Switzerland and the United Kingdom shall take due account of the Decisions and Recommendations of the Administrative Commission for the Coordination of Social Security Systems attached to the European Commission, set up under Regulation (EC) No 883/2004 («Administrative Commission») listed in Part I of Annex I this Agreement. 2. For the purposes of this Part, the definitions in Article 1 of Regulation (EC) No 883/2004 shall apply.
Para. 1 — Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1)
Art. 26a Special situations covered
1. The following rules shall apply in the following situations, insofar as they relate to persons not or no longer covered by Article 25: a) the following persons shall be covered by this Part for the purposes of reliance on and aggregation of periods of insurance, employment, self-employment or residence, including rights and obligations deriving from such periods in accordance with Regulation (EC) No 883/2004: i) Swiss nationals, as well as stateless persons and refugees residing in Switzerland, who have been subject to the legislation of the United Kingdom before the specified date, as well as their family members and survivors, ii) United Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom, who have been subject to the legislation of Switzerland before the specified date, as well as their family members and survivors; For the purposes of the aggregation of periods, periods completed both before and after the specified date shall be taken into
Art. 26b Nationals of European Union Member States
1. The provisions of this Part applicable to nationals of Switzerland shall apply to nationals of European Union Member States, provided that: a) the European Union has concluded and applies a corresponding agreement with the United Kingdom which applies to Swiss nationals; and b) the European Union has concluded and applies a corresponding agreement with Switzerland which applies to United Kingdom nationals. 2. Upon notification from the United Kingdom and from Switzerland of the date of entry into force of the agreements referred to in paragraph 1 of this Article, the Joint Committee established by Article 6 shall set the date from which the provisions of this Part shall apply to the nationals of the European Union Member States.
Para. 2 — By Joint Committee Decision No 1/2021 adopted on 4 August 2021, the Contracting Parties decided that the provisions of Part III of the Agreement on the coordination of social security schemes shall apply to nationals of the Member States of the European Union as from 1 Jan. 2021 (AS 2021 709).
Art. 26c Operation of this Part in circumstances where there is no relevant withdrawal agreement between the European Union and the United Kingdom
Where there is no agreement in force between the United Kingdom and the European Union which provides for Regulations (EC) No 883/2004 and (EC) No 987/2009 to apply to any specified category of person as between the United Kingdom and the European Union, the 21 European Union coordination regulations referred to in Article 26 shall apply only as between the United Kingdom and Switzerland to the extent possible and necessary for the purposes of this Agreement.
Art. 27 Reimbursement, recovery and offsetting
The provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009 on reimbursement, recovery and offsetting shall continue to apply in relation to events, in so far as they relate to persons not covered by Article 25, that: a) occurred before the specified date; or b) occur on or after the specified date and relate to persons who were covered by Articles 25 or 26a when the event occurred.
Art. 28 Development of law and adaptations of Union acts
1. Where Regulations (EC) No 883/2004 and (EC) No 987/2009 are amended or replaced on or after the specified date, the reference to those Regulations in this Agreement shall be read as referring to them as amended or replaced, in accordance with the acts listed in Part II of Annex I to this Agreement. The Joint Committee established under Article 6 of this Agreement shall revise Part II of Annex I to this Agreement and align it to any act amending or replacing Regulations (EC) No 883/2004 and (EC) No 987/2009 and incorporated into the FMOPA and the Withdrawal Agreement between the United Kingdom and the European Union, as soon as a decision to that effect is adopted by the Swiss-EU Joint Committee established under Article 14 of the FMOPA and the corresponding Joint Committee established under the Withdrawal Agreement between the United Kingdom and the European Union. To that end, the Parties shall, as soon as possible after adoption, inform each other within the Joint Committee establ
Art. 28a Development of law and adaptations of Union acts in the case of no relevant withdrawal agreement
1. This Article applies in circumstances where there is no agreement in force between the United Kingdom and the Union which provides for Regulations (EC) No 883/2004 and (EC) No 987/2009 to apply to any specified category of person as between the United Kingdom and the Union. 2. Where Regulations (EC) No 883/2004 and (EC) No 987/2009 are amended or replaced on or after the specified date, the reference to those Regulations in this Agreement shall be read as referring to them as amended or replaced, in accordance with the acts listed in Part II of Annex I to this Agreement. Where an act amending or replacing Regulations (EC) No 883/2004 and (EC) No 987/2009 has been incorporated into the FMOPA, the Joint Committee shall assess the effects of the act and shall consider whether it is appropriate for Part II of Annex I to this Agreement to be aligned to that act. To that end, Switzerland shall, as soon as possible after adoption, inform the United Kingdom within the Joint Committee establ
Art. 28b Review of Part Three in the case of no relevant withdrawal agreement
In the circumstances mentioned in paragraph 1 of Article 28a, the Parties shall jointly review the provisions of Part Three of this Agreement in the Joint Committee prior to the end of the year following the date on which it is applied between the Parties and annually thereafter. In carrying out the review, the Parties shall consider whether Part Three remains the most appropriate means of securing social security coordination for the persons covered or whether Part Three should be amended or replaced.