Social Security Funds 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. 19 Establishment of the Institution
1 The OASI/AHV/AVS, InvI/IV/AI and LEC/EO/APG social security funds will be transferred into the Institution and lose their legal personality. At the same time, the Institution will acquire its own legal personality. The Institution will take over the existing legal relationships and amend these where required. 2 The Federal Council determines the date of transfer. It approves the opening balance sheet of the Institution, makes all the decisions required for the transfer and takes any further measures required to this effect. 3 The transfer of the three social security funds and the establishment of the Institution are exempt from any direct or indirect federal, cantonal or communal taxes. Entries in the land register, commercial register and any other public registers in connection with the carrying out of the transfer are exempt from taxes and fees. 4 The provisions of the Mergers Act of 3 October 2003 do not apply to the establishment of the Institution.
Para. 4 — SR 221.301
Art. 20 Transfer of employment relationships
1 The employment relationships of the personnel of the current management office will be transferred to the Institution on the date determined by the Federal Council and become subject to the legislation governing its personnel from that date. 2 The Institution will replace existing contracts with contracts issued in the name of the new employer within a reasonable time. No probationary periods may be included therein. 3 There is no right to the continuation of any function, field of work, place of work or position within the organisational system. However, the personnel remain entitled to their current salary for a period of one year. The years of service completed for the OASI/AHV/AVS, InvI/IV/AI and LEC/EO/APG social security funds before this Act comes into force will be taken into account. 4 Appeals by the personnel that are pending on the date of transfer of the employment relationships will be judged according to the previous law.
Art. 21 Competent employer
1 The Institution is deemed to be the responsible employer for employees and beneficiaries of pensions: a. who were assigned to the management office under the previous law; and b. who began to draw an old age, survivors’ or invalidity pension from PUBLICA under the occupational pension scheme before this Act entered into force. 2 The Institution is also deemed to be the responsible employer where an invalidity pension is not drawn until after this Act enters into force but where the incapacity to work, the cause of which subsequently led to the invalidity, occurred before this Act entered into force.
Art. 22 Debts owed by the InvI/IV/AI Social Security Fund to the OASI/AHV/AVS Social Security Fund
1 Until the InvI/IV/AI scheme is completely clear of debt, that portion of cash and cash equivalents and investments held by the IV/AI Social Security Fund which exceeds 50 per cent of its annual expenditure at the end of the financial year will be credited to the OASI/AHV/AVS Social Security Fund. 2 In derogation of Article 78 InvIA/IVG/LAI, the Confederation will bear the annual interest expense on the InvI/IV/AI losses carried forward for the period from 1 January 2011 until 31 December 2017. 3 From 1 January 2018, the Board will set a market-based rate of interest for the debts owed by the InvI/IV/AI Social Security Fund to the OASI/AHV/AVS Social Security Fund.
Para. 2 — SR 831.20
Art. 23 Repeal and amendment of other legislation
The repeal and amendment of other legislation are regulated in the Annex.
Art. 24 Referendum and commencement
1 This Act is subject to an optional referendum. 2 The Federal Council determines the date on which this Act comes into force. Commencement date: 1 January 2018 Article 1 paragraphs 1–3 and 5, 2–5, 8 paragraph 1 letters l–n, 11, 12, 14, 16, 19 paragraph 1, 21 and Annex Number I, Number II 1 and 3–6: 1 January 2019.
Para. 2 — FCD of 22 Nov. 2017.