CH
AI generated
Art. 331d Federal Act of 30 March 1911 on the Amendment of the Swiss Civil Code (CO)
Legislator summary
AI generatedAt any time up to three years before becoming entitled to draw retirement benefits, the employee may pledge his entitlement to occupational benefits or an amount up to the limit of his transferable benefits for the purpose of acquiring a property for his own personal use. The pledge is also permitted for the purpose of acquiring shares in a housing cooperative or similar participatory venture provided a residential unit jointly financed in this manner is for the employee’s own personal use. The pledge is valid only if notified in writing to the benefits scheme. The amount pledged by employees aged 50 or older must not exceed the transferable benefit entitlement they would have had at 50 or one-half of their transferable benefit entitlement at the time the pledge is given. Married employees may pledge benefits only with the written consent of their spouse. Where the employee cannot obtain such consent or if it is withheld, the employee may apply to the civil courts. {note: Second sentence amended by Annex No 1 of the FA of 19 June 2015 (Pension Equality on Divorce), in force since 1 Jan. 2017 ( AS 2016 2313; BBl 2013 4887).} The same applies to registered partnerships. {note: Amended by Annex No 11 to the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 ( AS 2005 5685; BBl 2003 1288).} Where the pledge is realised before the benefits fall due or the cash payment is made, Articles 30 d, 30 e, 30 g and Article 83 a of the Federal Act of 25 June 1982 {note: SR 831.40} on Occupational Old Age, Survivors' and Invalidity Pension Provision are applicable. {note: Amended by Annex No 1 of the FA of 19 June 2015 (Pension Equality on Divorce), in force since 1 Jan. 2017 ( AS 2016 2313; BBl 2013 4887).} The Federal Council determines: a. the purposes for which the pledge is permissible and the definition of ‘own personal use’; b. the conditions to be fulfilled for the pledging of entitlements to acquire shares in a housing cooperative or similar participatory venture.
Art. 331d CO
At any time up to three years before becoming entitled to draw retirement benefits, the employee may pledge his entitlement to occupational benefits or an amount up to the limit of his transferable benefits for the purpose of acquiring a property for his own personal use.
The pledge is also permitted for the purpose of acquiring shares in a housing cooperative or similar participatory venture provided a residential unit jointly financed in this manner is for the employee’s own personal use.
The pledge is valid only if notified in writing to the benefits scheme.
The amount pledged by employees aged 50 or older must not exceed the transferable benefit entitlement they would have had at 50 or one-half of their transferable benefit entitlement at the time the pledge is given.
Married employees may pledge benefits only with the written consent of their spouse. Where the employee cannot obtain such consent or if it is withheld, the employee may apply to the civil courts. The same applies to registered partnerships.
Where the pledge is realised before the benefits fall due or the cash payment is made, Articles 30 d, 30 e, 30 g and Article 83 a of the Federal Act of 25 June 1982 on Occupational Old Age, Survivors' and Invalidity Pension Provision are applicable.
The Federal Council determines: a. the purposes for which the pledge is permissible and the definition of ‘own personal use’; b. the conditions to be fulfilled for the pledging of entitlements to acquire shares in a housing cooperative or similar participatory venture.