Originally Chapter 6.
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Supervision and Implementation Provision
Inserted by No I of the FA of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
Art. 39 …
1 The Federal Council shall exercise ultimate supervision over the two federal institutes of technology and the four research institutes within the ETH Domain. 2 The Federal Council shall issue the relevant implementation provisions. It may delegate the regulation of details to the ETH Board. 3 The Federal Council may enter into international treaties within the scope of this Act and approved credits. 4 The Federal Council shall consult the ETH Board before issuing implementation provisions and signing agreements under international law. Personnel associations shall be consulted before service regulations are issued.
Art. 39 — Repealed by No I of the FA of 21 March 2003, with effect from 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
Section 2 Amendment of Current Legislation
Inserted by No I of the FA of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
Art. 40 Repeal and amendment of current legislation
1 The following are repealed: 1. The Federal Act of 7 February 1854 on the Establishment of a Federal Polytechnic. 2. The Federal Act of 11 December 1964 on the responsibility for determining the payments made by the Confederation to former professors of the federal institutes of technology and their survivors. 3. The Federal Decrees of 24 June 1970, 20 June 1975, 21 March 1980 and 26 June 1985 on the Federal Institutes of Technology (transitional provisions). 2 The following are amended as follows: …
Art. 40 — Amended by No I of the FA of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465). Para. 1 let. 1 — [BS 4 103; AS 1959 535, 1970 1089 Art. 17, 1979 114 Art. 70] Para. 1 let. 2 — [AS 1965 417] Para. 1 let. 3 — [AS 1970 1089, 1975 1759, 1980 886, 1991 2276] Para. 1 let. 3 — [AS 1975 1759] Para. 1 let. 3 — [AS 1980 886] Para. 1 let. 3 — [AS 1985 1452] Para. 2 — The amendments may be consulted under AS 2003 4265.
Section 3 Transitional Provisions relating to the
Inserted by No I of the FA of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
Art. 40a Transfer to new terms of employment
The ETH Board may terminate the tenure of full and associate professors on a date to be decided by the Board and regulate their transfer to the new terms of employment. These transitional rules shall require the approval of the Federal Council.
Art. 40b Transfer to the Federal Pension Fund
1 Full and associate professors appointed prior to 1 January 1995, including those already in retirement and their survivors, shall be insured with the Federal Pension Fund from the commencement date of this Act. 2 Current pension payments and pensions paid to survivors shall remain unchanged. Reversionary pensions payable to survivors and adjustments for inflation shall be based on the provisions applicable to the Federal Pension Fund. 3 The Confederation shall be responsible for the mathematical reserves required to transfer the insured to the Federal Pension Fund. 4 The Federal Council shall determine the transfer procedure and the required mathematical reserves.
Art. 40c Transfer of movable property
The Federal Council shall issue an ordinance indicating the date on which the ownership of movable property is transferred to the two federal institutes of technology and the four research institutes within the ETH Domain.
Art. 40d Transitional provisions on appeal procedures
1 The ETH Board shall issue rules of procedure for the ETH Appeals Commission within one year of the commencement date of this Act. 2 Until these rules of procedure come into force, the ETH Board shall remain responsible for the appeal process specified in Article 37 paragraph 1. 3 As soon as these rules of procedure come into force, appeals pending before the ETH Board shall be transferred to the jurisdiction of the ETH Appeals Commission.
Section 3a Transitional Provisions to the Amendmen
Inserted by No I of the FA of 5 Oct. 2007, in force since 1 Aug. 2008 (AS 2008 431; BBl 2007 1223).
Art. 40e
Article 17a applies to all external teaching assignments issued from 5 October 2007, the date on which the Amendment to this Act comes into force. All external teaching assignments issued before 5 October 2007 must be adjusted by the start of the following semester.
AS 2008 431
Section 3b Transitional Provisions for 2012
Inserted by No I of the FA of 17 June 2011, in force since 15 Nov. 2011 (AS 2011 4789; BBl 2011 757).
Art. 40f Funding limit in accordance with Article 34b
1 In derogation from Article 34b paragraph 2, the Federal Assembly shall extend the duration of the existing funding limit for 2008–2011 by one year in order to include 2012. 2 The existing funding limit will be replenished in accordance with the performance mandate.
Art. 40g Performance mandate in accordance with Article 33
1 The performance mandate for 2008–2011 in accordance with Article 33 shall be extended by one year and continues to apply in 2012. 2 It may be amended and added to. 3 The agreements on operational objectives for 2008–2011 reached between the ETH Board and the two federal institutes of technology and the four research institutes within the ETH Domain on the basis of Article 33a shall also apply in 2012. The ETH Board may add to the agreements.
Art. 40h Election of the ETH Board in accordance with Article 24
In derogation from Article 24 paragraph 1, the Federal Council shall elect the members of the ETH Board on 1 January 2012 for a five-year term of office.
Section 3c Transitional Provision to the Amendment
Inserted by Annex No 2 of the FA of 14 Dec. 2012, in force since 1 July 2013 (AS 2013 1493; BBl 2011 6703).
Art. 40i
Current terms of office for other members of management boards (Art. 28 para. 4) shall end with issue of a new employment contract, but no later than one year after commencement of the amended Article 28.
Section 4 Referendum and Commencement
Inserted by No I of the FA of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465).
Art. 41 …
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date: 1 February 1993
Art. 41 — Repealed by No I of the FA of 21 March 2003, with effect from 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465). Para. 2 — FCD of 13 Jan. 1993.