Publica Act
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Purpose
This Act governs the organisation of the Swiss Federal Pension Fund (PUBLICA) and defines its tasks and competencies.
Art. 2 Legal form and registered office
1 PUBLICA is an undertaking of the Swiss Confederation established under public law with separate legal personality. 2 Its registered office is in Bern and it is entered in the commercial register.
Art. 3 Tasks
1 PUBLICA insures employees against the economic consequences of old age, invalidity and death. It provides insurance cover in accordance with the Federal Act of 25 June 1982 on Occupational Old Age, Survivors’ and Invalidity Pension Provision (Occupational Pensions Act) and the Federal Act of 17 December 1993 on the Portability of Occupational Old Age, Survivors’ and Invalidity Pensions (Occupational Pension Portability Act). It is entered in the register of occupational pension schemes. 2 The Federal Council may assign additional tasks to PUBLICA provided that these bear a direct relation to the remit defined under this Act. The Confederation bears the expenses thereby incurred.
Para. 1 — SR 831.40 Para. 1 — SR 831.42
Art. 4 Affiliation
1 The employers affiliated to PUBLICA are those defined under Article 32b of the Federal Personnel Act of 24 March 2000. 2 Employers that are closely associated with the Confederation or which fulfil a public task on behalf of the Confederation, a canton or a commune may also be affiliated to PUBLICA. Decisions on affiliation are taken by PUBLICA. 3 An employer is affiliated to PUBLICA by means of a contract of affiliation. The pension plan regulations and the setting of administrative costs form an integral part of contracts of affiliation.
Para. 1 — SR 172.220.1
Art. 5 Recourse against liable third parties
PUBLICA is subrogated to the rights of the insured and their survivors against any liable third party up to the amount of the benefits under the regulations. The settlement and scope of this subrogation are governed by Articles 72 to 75 of the Federal Act of 6 October 2000 on General Aspects of Social Security Law.
SR 830.1
Art. 6 Data processing
1 PUBLICA processes those personal details of the insured and their relatives that are required for providing occupational pension insurance. 2 If necessary for the performance of its tasks, it may process the following personal data of a sensitive nature: a. health-related data; b. data pertaining to social welfare and debt enforcement. 3 For the purpose of checking the insured parties’ details, PUBLICA may compare its own data, particularly electronic data, with that of Swiss and foreign pension schemes and social security institutions, specifically the Federal Compensation Fund, the Central Compensation Office, the Swiss Compensation Fund, Military Insurance, the Swiss National Accident Insurance Fund (Suva) and the Invalidity Insurance office for insured persons resident abroad. 4 The Fund Commission (Art. 10 let. a) governs: a. the competency for data processing; b. the data retention period; c. the organisation and operation of automated systems; d. data security.