Regulations of the Lucerne Pension Fund (LUPK Regulations) (LUPK-Reglement) - Definitions (LUPK)

1. The following terms mean

a. LUPK: Lucerne Pension Fund

b. Employer

1. Canton of Lucerne as well as its legally competent institutions and corporations,

2. Municipalities of the Canton of Lucerne concerning teachers and professionals of school services,

3. affiliated employers

c. * affiliated employers: natural or legal persons who

1. * perform public tasks and

2. * are economically or financially closely linked to the Canton of Lucerne (e.g., the municipalities of the Canton of Lucerne) or can join the fund based on a legal basis and

3. * have insured their personnel with the fund through an affiliation agreement

d. Personnel: Employees who are in an employment relationship under public or private law with an employer

e. Insured, insured person

1. active insured: insurance-mandatory personnel of the employers

2. retired insured: former personnel receiving insurance benefits from the LUPK

f. Entitled persons: Persons entitled to benefits from the LUPK

g. Assembly of the Insured: General meeting

h. Old-age insurance: Insurance against the economic consequences of old age

i. Risk insurance: Insurance against the economic consequences of death and disability

k. Insurance benefits: Old-age, survivors', and disability benefits

l. Relevant age: Difference between the current calendar year and the birth year

m. * Retirement age: The regulatory retirement age is reached upon completion of the 65th year of age.

n. Basic plan: Basic insurance

o. * Insurance Plans Plus2 and Plus3: In addition to the basic plan, two supplementary plans are offered (according to Annex 1).

p. BVG: Federal Act on Occupational Old Age, Survivors’, and Disability Pension Plans of June 25, 1982[1]

q. FZG: Federal Act on Vested Benefits in Occupational Old Age, Survivors', and Disability Pension Plans of December 17, 1993 (Vested Benefits Act)[2]

r. * FZV: Ordinance on Vested Benefits in Occupational Old Age, Survivors’, and Disability Pension Plans of October 3, 1994 (Vested Benefits Ordinance)[3]

s. * AHVG: Federal Act on Old-Age and Survivors’ Insurance of December 20, 1946[4]

t. * IVG: Federal Act on Disability Insurance of June 19, 1959[5]

2. Persons living in a registered partnership according to the Federal Act on the Registered Partnership of Same-Sex Couples of June 18, 2004[6] have the same rights and obligations as spouses. Terms such as marriage, spouses, widow and widower, or married apply accordingly to the registered partnership.

1. The employer as per Art. 1.1c enters into an affiliation agreement with the Luzern Pension Fund (LUPK), effective for all its personnel. In exceptional cases, the affiliation agreement may

a. exclude clearly defined groups of personnel from insurance,

b. include retired individuals and assume the payment obligation for insurance benefits.

2. The provisions of this regulation also apply to affiliated employers and their personnel. For assumed beneficiaries (retired persons, survivors), special provisions may be agreed upon.

3. The board decides on the affiliation of employers.

4. ...

1. The LUPK aims to provide occupational pension benefits to insure the members against the economic consequences of old age, death, and disability.

1. Insured is the staff according to Art. 1.1d, which is subject to the compulsory insurance obligation under the BVG. However, the lower income threshold relevant for the insurance obligation is eight-ninths of the minimum wage as per federal law (Art. 7 BVG, Art. 4 Ordinance on Occupational Retirement, Survivors' and Disability Pension Plans dated April 18, 1984, BVV 2).

2. For individuals with multiple employers, the insurance obligation for partial incomes is generally assessed separately for each employer. Partial incomes that do not reach the lower income threshold per employer according to Art. 4.1 can be reported to the LUPK by the respective individuals or their employers. In this case, the reported partial incomes are added together.

3. Staff engaged in a secondary occupation with an employer according to Art. 1.1b and already compulsorily insured or self-employed in their main occupation are insured with the LUPK, provided the lower income threshold according to Art. 4.1 is exceeded. This supplementary insurance can be waived by submitting written notification to the LUPK and the employer.

4. For members of the highest administrative and judicial authorities, as well as for the state clerk, the provisions of the Magistrates’ Pension Ordinance of March 31, 2003, take precedence over this regulation.

1. Mandatory insurance starts with the employment relationship, specifically

a. for pension insurance on January 1st following the attainment of the 24th year of age,

b. for risk insurance on January 1st following the attainment of the 17th year of age.

2. Mandatory insurance ends with the existing employment relationship upon termination of the insurance obligation or with the dissolution of the affiliation agreement between the LUPK and the affiliated employer.

3. Mandatory insurance ends with the employment relationship or, if applicable, with the end of salary continuation, if no claim to insurance benefits arises.

4. Until the beginning of a new provident relationship, but at most for one month after the end of the insurance, risk insurance continues without any obligation to contribute.

1. Insured individuals can continue risk insurance for a maximum of two years after the termination of compulsory insurance through a contract with LUPK.

2. The provisions of these regulations apply to voluntary risk insurance mutatis mutandis. The following deviations apply

a. The retirement savings remain with LUPK and are interest-bearing. No retirement credits are made.

b. The insured person pays a contribution for the voluntary risk insurance which corresponds to the employer's and the insured person's contribution for risk and administration, increased by any potential restructuring contribution according to Art. 48.4.

c. The insured salary before the lapse of the insurance obligation continues unchanged.

d. The presumed lost earnings according to Art. 17.1 and 17.2 are considered to be the amount used as the basis for calculating the insured salary.

3. Voluntary risk insurance ends

a. with the receipt of insurance benefits,

b. * upon reaching the age of 60, unless there is an employer-approved unpaid leave of up to 6 months,

c. at the expiration of the agreed contract period,

d. if the insured person is again subject to compulsory insurance at another pension institution, or

e. if the insured person becomes self-employed.

4. Upon termination of voluntary risk insurance, a vested benefits payment is provided. Art. 43 applies. If the insured person is compulsorily insured again with LUPK, the retirement savings will be continued.

1. An insured person who leaves mandatory insurance after reaching the age of 58 because the employment relationship was terminated by the employer may continue the insurance according to Article 47 BVG or request continuation according to Art. 6a.2-7 of this regulation with the LUPK. A termination of the employment relationship initiated by the employer by mutual agreement is considered a termination by the employer. The insured person has the opportunity to continue building the retirement benefits through contributions during this continuation of insurance. The exit benefit remains with the LUPK, even if the retirement benefits are not further built up. The insured person must request in writing the continuation of the insurance within three months of the termination of the mandatory insurance.

2. In the case of continuation of insurance, the insured salary before the elimination of the insurance obligation remains unchanged. If the insured person enters a new pension scheme, and a portion of the exit benefit is transferred, the insured salary is reduced in the same proportion as the exit benefit at the time of transfer.

3. The insured person pays a contribution for risk insurance equivalent to the contribution of the employers and the insured for risk and administration. If they continue the retirement benefits, they must also pay both the insured's contribution and the employer's contribution for retirement. No age surcharge of 4 percent is applied to the contributions made by the insured person in the calculation of the minimum amount according to Art. 17 of the FZG.

4. Within the framework of continuation of insurance, the insured person pays the corresponding employee contributions in the event of restructuring.

5. If the insured person enters a new pension scheme, the LUPK must transfer the exit benefit to the new scheme to the extent that it can be used to purchase the full regulatory benefits. If at least one third of the exit benefit remains with the LUPK, the insured person may continue the insurance with the LUPK according to the remaining exit benefit. If more than two-thirds of the exit benefit is required to purchase the full regulatory benefits, the insurance with the LUPK ends (see Paragraph 6).

6. The insurance ends upon the occurrence of the risk of death, disability, or old age, but at the latest upon reaching retirement age. Upon entry into a new pension scheme, it ends if more than two-thirds of the exit benefit is required in the new scheme to purchase the full regulatory benefits. The insured person may terminate the insurance at any time, and the LUPK may terminate in the presence of payment arrears. In the event of payment arrears, the insurance ends on the last day of the period for which contributions have been paid. Payment arrears occur when the contributions are not paid within 30 days of the dispatch date of the reminder.

7. If the continuation of insurance ends before reaching the earliest possible age for drawing retirement benefits, the provisions regarding exit apply. Otherwise, the retirement benefits are disbursed. If the continuation of insurance has lasted more than two years, the insurance benefits must be received in the form of a pension, and the exit benefit can no longer be advanced or pledged for home ownership for own needs.

1. The insured salary corresponds to the eligible annual income according to Art. 8, reduced by two-thirds of the federal minimum wage (Art. 7 BVG).

2. If the eligible annual income at the LUPK is earned through part-time work, this deduction is reduced. It is determined in proportion to the respective degree of employment.

3. For partially disabled insured persons, the deduction corresponds at most to that according to Art. 7.1, multiplied by the value that complements the degree of pension entitlement to 100 percent (Art. 38.1).

**1. The applicable annual earnings are the relevant salary according to AHVG, reduced by salary components that only occur occasionally. The board defines these occasionally occurring salary components in Appendix 5.**

**2. The applicable annual earnings correspond at most to the maximum salary according to the salary ordinance for state personnel. Divergent regulations in laws or ordinances remain reserved within the limits of the maximum amount of Article 79c BVG. For employment relationships lasting less than twelve months, the corresponding annual salary is considered the applicable annual earnings.**

**3. The LUPK sets the applicable annual earnings in advance for a calendar year based on the employer's report. If there are insufficient indications of the amount of future applicable annual earnings, the administration decides. It can establish the annual earnings generally according to the average earnings of the respective professional group.**

**4. In the case of salary changes during the calendar year, the applicable annual earnings are adjusted at the beginning of a month as follows:**

a. for persons with fixed positions, at the time of the salary change,

b. for persons with fluctuating positions, generally at the beginning of the following year. An immediate adjustment occurs if it is likely that the applicable annual earnings will change significantly (i.e., over 20%) and for an extended period (i.e., for more than six months).

**5. Retroactive adjustments of the applicable annual earnings for completed calendar years are only made upon the request of the insured person or the employer and if the applicable annual earnings change by at least 10 percent as a result.**

**6. Income that is not earned with an employer in the sense of the regulations cannot be insured.**

**7. Insured persons whose applicable annual earnings after the age of 58 are likely to decrease for an extended period (i.e., for more than six months) by at least 10 percent but no more than half remain insured for the previous applicable annual earnings upon request until retirement age at the latest. Exemptions are salary reductions as a result of changing employers, partial disability, or in the case of semi-retirement. The insured person pays both their contributions and the employer contributions according to Articles 47 and 48 on the voluntarily insured salary portion. On these contributions, there is no age surcharge of 4 percent in the calculation of the minimum amount according to Article 17 FZG.**

1. Insured persons are, in principle, insured under the Basic Plan according to Art. 1.1n of these regulations (without Appendix 1).

2. From the age of 42, they can opt for the Insurance Plan Plus2 or Plus3 pursuant to Art. 1.1o.

3. The individual deviation pertains to the amount of the insured persons' contributions (Art. 47) and the retirement credits (Art. 23). The employer pays the same contributions in the Insurance Plan Plus2 or Plus3 as in the Basic Plan.

4. Insured persons who meet the requirement of Art. 9.2 can request a change of the insurance plan from LUPK in writing no later than November 30. The change is implemented with effect from the beginning of the next calendar year.

1. Entitled parties or, in their absence, their legal representatives are required to provide the LUPK or its authorized medical examiner with truthful information regarding all matters affecting the insurance relationship. They must report changes on their own accord and authorize the LUPK to access records from other social insurance carriers. In the event of a breach of reporting obligations, the LUPK may, under conditions prescribed by federal law, order the suspension or reimbursement of insurance benefits.

2. Employers must report to the LUPK all individuals subject to mandatory insurance and the data necessary for managing retirement accounts, calculating contributions and benefits, and fulfilling information obligations in accordance with the FZG.

3. The LUPK informs the insured annually according to federal law requirements, particularly about the benefits expected in the event of an insured occurrence.

1. The mandatory provisions of federal law take precedence over this regulation. The LUPK presents the BVG minimum benefits, including the adjustments to survivors' and disability benefits ordered by the Federal Council in response to price developments, in a shadow account. The other federal law provisions shall apply, insofar as this regulation does not contain its own rules.

The conversion rates for the shadow account correspond, upon retirement at the reference age according to BVG, to the minimum conversion rates pursuant to BVG. In the case of early retirement, these conversion rates are reduced by 0.0125 percent for each month of advance withdrawal; conversely, they are increased by 0.0125 percent for each month of deferred withdrawal.

1. The competent authorities of the Old-Age, Survivors, and Disability Insurance (AHV/IV) provide the LUPK with decisions concerning the disability benefits of the beneficiaries reported to them. These decisions are binding on the LUPK under the conditions regulated in federal law.

2. The LUPK reviews the decisions and, if their binding effect would lead to incorrect benefits by the LUPK, takes necessary legal remedies against unlawful orders.

3. The LUPK shall not decide on matters arising in occupational benefits schemes, where they are the same as those in the AHV/IV, differently than the competent AHV/IV authorities without a substantive reason.

1. The entitlement to insurance benefits arises if the insured person was covered by LUPK at the time of retirement, death, or onset of incapacity for work, the cause of which has led to disability or death. The benefits are granted upon request and within 30 days from the receipt of all the information and documents necessary for their disbursement.

2. The entitlement arises at the beginning of the month following the occurrence of the insured event. It expires at the end of the month after the death of the entitled person.

3. LUPK may require from the insured or entitled persons - both before the commencement of benefits and during periodic reviews - the submission of all documents necessary to prove entitlements and the compliance with specific formalities, particularly for the certification of signatures, proof of civil status, fulfillment of maintenance obligations, proof of life, etc. Moreover, the duty to provide information and report in accordance with Art. 10.1 applies.

4. The statutory default interest rate (pursuant to Art. 2 para. 4 FZG and Art. 7 FZV) also applies to insurance benefits of LUPK in accordance with Section II 2.

5. Special provisions for individual insurance benefits remain reserved.

1. Insurance benefits are determined as annual benefits and disbursed as a pension in monthly installments.

2. The LUPK provides a lump sum payment instead of a pension if the retirement or disability pension amounts to less than 10 percent, the widow's/widower's pension or partner's pension to less than 6 percent, or the orphan's pension to less than 2 percent of the minimum full unadjusted AHV retirement pension.

3. The benefits are disbursed within the first ten days of the month. When benefits are determined for the first time, they are due no earlier than when the entitlement arises and the LUPK has all documents necessary for their calculation and disbursement.

**1. Insured individuals may request that their retirement benefits be paid out in whole or in part in the form of a lump-sum payment.**

**2. The insured person may only receive a lump-sum payment to the extent that the deduction according to Art. 15.3, together with that for the financing of the AHV substitute pension according to Art. 28.4, does not exceed the maximum amount according to Art. 16.**

**3. The amount of the lump-sum payment is deducted from the retirement savings capital.**

**4. The application must be submitted to the LUPK no later than the time of registration for receiving the retirement pension.**

    a. *...*

    b. *...*

**5. If the insured person is married, the lump-sum payment is only made with the written consent of the spouse. If this consent cannot be obtained or is refused without good reason, the civil court may be appealed to.**

1. Insured individuals may use a maximum of 100 percent of their retirement savings, which are decisive for the calculation of old-age pensions, for a lump-sum payment in accordance with Art. 15. In the case of a partial lump-sum payment, the remaining old-age pension must be at least 10 percent of the minimum, full, unadjusted AHV old-age pension.

1. Survivor and disability benefits shall be reduced in accordance with federal regulations to the extent that they, together with other benefits of the same nature and purpose as well as additional income allowable under federal law, exceed 90 percent of the presumptive lost earnings.

2. Reductions of other benefits that occur upon reaching the reference age according to AHV, as well as reductions or denials of other benefits due to gross personal fault, shall not be compensated.

3. In cases of hardship, a reduction may be wholly or partially waived.

1. Upon the occurrence of damage, the LUPK subrogates the claims of the entitled parties against liable third parties within the scope of its obligation to provide services.

1. The LUPK may provide the claimants with reasonable advances until their claims are conclusively determined.

2. It shall assume the claims against third parties to the extent of the advances provided.

1. The entitlement to performance cannot be assigned or pledged before it becomes due. Articles 45 and 46 remain reserved.

1. Pensions are periodically adjusted to reflect price developments within the financial means of the LUPK. The board reviews the possibilities for adjustment annually and makes the decision.

1. The LUPK may temporarily limit the amount of, or completely refuse, the payment of an advance withdrawal for home ownership promotion during the period of an underfunding if the advance withdrawal serves the repayment of mortgage loans.

2. As long as the LUPK credits the retirement savings with an interest rate that is below the minimum interest rate according to Art. 15 paragraph 2 BVG, and as long as underfunding exists, the minimum amount of the vested benefits according to Art. 17 FZG will be calculated based on this lower interest rate.

3. The LUPK implements remedial measures according to Art. 48.

1. In the basic plan, the insured are credited with the following retirement benefits for each calendar year during which contributions for retirement benefits are made

Relevant Age | Percentage of Insured Salary

25-29 | 11.9% *

30-34 | 14.0% *

35-41 | 16.2% *

42-65 | 21.3% *

2. If the contributions are not made throughout an entire calendar year, the retirement credits will be allocated proportionately.

1. The retirement assets consist of

a. the retirement credits including interest,

b. * the vested benefits brought in including interest,

c. * the voluntary contributions at entry including interest,

d. * the repayments of advance withdrawals for home ownership including interest,

e. * the amounts transferred as part of a pension equalization upon divorce including interest, and

f. * any repurchases after divorce according to Article 22d FZG including interest.

2. Charges to the retirement assets include

a. the advance withdrawals for home ownership,

b. the amounts to be transferred as part of a pension equalization upon divorce,

c. amounts for financing the AHV substitute pension according to Article 28.4, and

d. transfers of amounts upon partial withdrawal according to Article 43.6.

1. Insured persons are entitled to a full retirement pension

a. upon reaching the age of 60, provided that the employment relationship with the employer has ended or the mandatory insurance obligation has ceased, or

b. at the latest upon reaching the age of 65, or in the case of deferment according to Art. 25.2bis, at the latest upon reaching the age of 70.

2. ...

2bis Insured persons who, after reaching the age of 65, earn at least an income from employment in accordance with Art. 4.1 from an uninterrupted employment relationship with the employer, may, upon request, defer the retirement benefits free of contributions until the end of the employment relationship, but no later than until reaching the age of 70. The insured person has the option to continue building up retirement savings through contributions during the deferment; in this case, the contributions for the insured person and the employer are determined by Art. 47.1, and the retirement credits by Art. 23.1.

3. If an insured person wishes to continue building up the retirement savings through contributions during contribution-free deferment, or if an insured person who continues to build up retirement savings through contributions during deferment wishes to defer the retirement benefits free of contributions, they can request this in writing from the LUPK by November 30 at the latest. The change will be implemented with effect from the beginning of the next calendar year.

1. The amount of the retirement pension is determined by the retirement savings capital, multiplied by the conversion rate applicable at the time of retirement.

2. The following conversion rates apply

Retirement Age (Year) | Conversion Rate

--- | ---

58 * | ...

59 * | ...

60 | 4.60% *

61 | 4.72% *

62 | 4.84% *

63 | 4.96% *

64 | 5.08% *

65 | 5.20% *

1. Insured individuals may withdraw their retirement benefits in up to three phased steps after reaching the age of 60.

a. * ...

b. * ...

2. The insured person is entitled to a partial withdrawal if their eligible annual income is reduced by at least 20 percent in one or more steps. The minimum reduction for the first partial withdrawal is measured against the highest eligible annual income of the insured person at or after reaching the age of 60. The minimum reduction for the second partial withdrawal is measured against the eligible annual income immediately following the first partial withdrawal.

3. In the case of the first partial withdrawal, the retirement savings are divided in the proportion of the current and highest annual income of the insured person at or after reaching the age of 60. For the second partial withdrawal, the retirement savings are divided in the proportion of the current and eligible annual income of the insured person immediately after the first partial withdrawal. One part is converted into a partial retirement pension according to the conversion rate in Art. 26.2. The other part is treated as the retirement savings of a fully working insured person. If the eligible annual income falls below the relevant lower income threshold according to Art. 4.1, the entire retirement benefit must be withdrawn.

4. The entitlement arises at the earliest on January 1 of the calendar year in which the registration is made.

1. Insured persons who receive an old-age pension from the LUPK are entitled to an AHV substitute pension in the amount of no more than 80 percent of the maximum, full, un-reduced AHV old-age pension. The AHV substitute pension is granted upon request from the start of the old-age pension and remains unchanged until the entitlement expires.

2. Insured persons who receive a partial old-age pension are entitled to a partial AHV substitute pension corresponding to their eligibility for an old-age pension.

3. The entitlement to the AHV substitute pension expires upon death, or at the latest, upon reaching the AHV reference age; the reference age valid at the start of the old-age pension is decisive.

4. The insured person bears the costs of the AHV substitute pensions received in the form of a permanent reduction in old-age and survivors' benefits. The LUPK deducts the present value of the AHV substitute pension to be paid up to the AHV reference age from the retirement assets.

5. Insured persons may not receive more AHV substitute pension than such that the deduction according to Art. 28.4, together with that for the lump-sum settlement according to Art. 15.3, does not exceed the maximum amount available to the insured person according to Art. 16.

1. Insured persons who receive an old-age pension are entitled to an old-age child pension for each child who could claim an orphan's pension in the event of their death.

2. The old-age child pension corresponds to the BVG old-age child pension (minimum benefits). When receiving a partial old-age pension, there is a proportional entitlement.

1. The widowed person is entitled to a pension if they meet one of the following conditions

a. They must provide for the maintenance of at least one child or foster child of the insured person, or one of their own children or foster children, at the time of the insured person's death.

b. They have reached the age of 45 at the time of the insured person's death, and the marriage lasted for at least five years. If the same individuals lived in a domestic partnership before marriage, its duration is included.

c. They are entitled to a disability insurance pension at the time of the insured person's death or at the latest one year thereafter.

2. ...

3. The pension amounts to 70 percent

a. of the full disability pension to which the insured person would have been entitled, or

b. * of the old-age pension or disability pension of the insured person, in case of deferral pursuant to Art. 25.2bis of the old-age pension, to which the insured person would have been entitled at the time of their death.

4. The entitlement expires upon remarriage or upon the death of the entitled person. The entitled person or their survivors must report the expiration of the entitlement to the LUPK. The LUPK may conduct its own investigations. Benefits received unlawfully must be reimbursed.

5. If a widowed person does not have an entitlement to a pension according to Art. 31.1, they will be granted a one-time settlement equivalent to three annual pensions as per Art. 31.3.

**1. The surviving partner of the deceased insured person is entitled to a pension according to Art. 31.3, provided that this person meets the following requirements:**

a. * Both the surviving partner and the insured person were unrelated and unmarried at the time of the insured person's death; and

b. * the partnership was confirmed in writing on a standard form of the LUPK, which was submitted during the lifetime of both partners and before the insured person reached retirement age to the LUPK; and

c. * he or she has no other claims to a widow's or widower's pension or to a partner's pension from occupational benefits; and

d. * he or she submits the application for the partner's pension to the LUPK within three months of the insured person's death and proves that all eligibility criteria are met; and

e. * he or she has at least one child with the deceased insured person entitled to an orphan's pension; or he or she has lived with the insured person in a verifiable permanent and exclusive couple relationship with a joint household for the last five years until their death (the joint officially confirmed residence is decisive) and at the time of the insured person's death the following conditions are met

1. * he or she has reached the age of 45; or

2. * is entitled to a disability insurance pension at the time of the insured person's death or at the latest one year thereafter.

f. * ...

**2. The pension to the surviving partner shall be paid for a period of five years or as long as at least one joint child has a claim to an orphan's pension from the LUPK. If the orphan's pension is interrupted after the orphan reaches the age of 18 because the orphan is not in education, the entitlement to the partner's pension is interrupted for the same period. The pension ends in any case upon marriage or death of the entitled person. The entitled person or their survivors must report the expiration of the claim to the LUPK.**

**3. If the surviving partner of the deceased insured person meets the requirements of Art. 32.1 a-d, but not those of Art. 32.1 e, and has lived with the insured person in a verifiable permanent and exclusive couple relationship with a joint household for the last five years until their death (the joint officially confirmed residence is decisive), the surviving partner is entitled to a one-time settlement in the amount of three annual pensions according to Art. 31.3.**

1. Upon the death of the insured person, the divorced individual is equated with the widowed person, provided they have been awarded a claim to a pension in accordance with Art. 124e para. 1 or 126 para. 1 of the Swiss Civil Code (ZGB) as per the divorce decree, and the marriage lasted at least ten years.

2. The pension or settlement of the person entitled under Art. 33.1 shall be reduced to the extent that it exceeds the claim awarded in the divorce decree, either alone or together with benefits from other insurances, particularly the Old Age and Survivors Insurance (AHV) and the Invalidity Insurance (IV). Survivor pensions from AHV are only considered insofar as they exceed one's own claim to an invalidity pension from IV or an old-age pension from AHV.

3. If the pension awarded in the divorce decree was limited in time, the pension according to Art. 33.1 will only be granted for the corresponding duration.

1. Children of deceased insured persons are entitled to an orphan's pension.

2. The orphan's pension amounts to 20 percent

a. of the full disability pension to which the insured person would have been entitled, or

b. of the retirement or disability pension of the insured person, in the case of deferment according to Art. 25.2bis of the retirement pension, to which the insured person would have been entitled at the time of death.

3. The entitlement expires at the end of the month in which the eligible person reaches the age of 18. It remains in effect until no later than the age of 25, provided the eligible person is in education or is at least 70 percent disabled.

4. Foster children of the insured person have the same entitlement, provided the insured person was responsible for their maintenance.

**1. The LUPK provides a death benefit of the amount defined in Art. 35.3 when active insured persons die or persons receiving a disability pension who have not yet reached retirement age, if the following conditions are met together:**

a. * The deceased insured person leaves behind beneficiaries as defined in Art. 35.2.

b. * Beneficiaries according to Art. 35.2b must be communicated to the LUPK in writing by the insured person during their lifetime, and the beneficiaries according to Art. 35.2b, c, and d must request the payment of the death benefit within six months of the death of the insured person.

c. * ...

**2. Beneficiaries in the sense of Art. 35.1a are:**

a. * 1st Priority Group

1.1 * The spouse, life partner, or civil partner with a claim to benefits under Art. 32.

b. * 2nd Priority Group; if they were beneficiaries of the deceased insured person

2.1 * A person who lived in a domestic partnership with the insured person continuously for at least the last five years until their death; or

2.2 * Persons significantly supported by the insured person; or

2.3 * Persons who must provide maintenance for one or more common children.

1. * ...

2. * ...

3. * ...

c. * 3rd Priority Group

3.1 * Children of the deceased insured person.

d. * 4th Priority Group

4.1 * Parents and siblings of the deceased insured person.

**3. The amount of the death benefit corresponds to a percentage of the retirement savings of the deceased insured person. The percentage is 100 percent for the 1st, 2nd, and 3rd priority groups and 50 percent for the 4th priority group. The death benefit is reduced by the present value of all pensions and compensations triggered by the death. In the case of deceased disabled persons, the death benefit is calculated based on the amount of the retirement savings at the start of the claim to the disability pension under Art. 39.2a.**

**4. Insured persons may inform LUPK in writing how the death benefit is to be distributed within a priority group. In the absence of such instructions, the death benefit is distributed equally within the priority group.**

**5. Persons according to Art. 35.2b who already receive a widow’s, widower’s, or life partner's pension from occupational benefits are not entitled to the death benefit.**

1. Upon the death of retired insured persons, LUPK provides a death benefit of 5,000 Swiss francs. Partially retired insured persons have a pro-rata entitlement.

1. The LUPK reduces or denies the survivors' benefits to the same extent as the AHV if a claimant has intentionally or through the intentional commission of a crime or misdemeanor caused the death of an insured person.

1. Insured individuals who have not reached the reference age of the OASI are entitled to a disability pension if they are at least 40 percent disabled according to the DI. The amount of the entitlement will be determined as a percentage of a full pension.

a. * For a disability level according to the DI of 50-69 percent, the percentage corresponds to the degree of disability.

b. * For a disability level according to the DI of 70 percent or more, there is an entitlement to a full pension.

c. * ...

d. * ...

1bis. For a disability level according to the DI of less than 50 percent, the following percentages apply

Degree of Disability | Percentage Share

--- | ---

49 percent | 47.5 percent

48 percent | 45.0 percent

47 percent | 42.5 percent

46 percent | 40.0 percent

45 percent | 37.5 percent

44 percent | 35.0 percent

43 percent | 32.5 percent

42 percent | 30.0 percent

41 percent | 27.5 percent

40 percent | 25.0 percent

2. The degree of disability and the commencement of entitlement are governed accordingly by the provisions of the IVG. The entitlement expires upon the death of the entitled person or the cessation of disability. Article 26a BVG remains reserved.

3. The entitlement to disability benefits begins with the entitlement to pension benefits from the disability insurance, at the earliest, upon the termination of wage payment, continued wage payment, or sickness daily allowance payment at a rate of at least 80 percent of the salary. The daily allowance insurance must have been financed by the employer by at least half.

4. A disability pension, once determined, will only be increased, reduced, or canceled if the degree of disability according to the DI changes by at least five percentage points.

1. The full disability pension amounts to 5.20 percent of the relevant retirement savings. The partial disability pension corresponds to the respective partial pension entitlement.

2. The relevant retirement savings consist of

a. the retirement savings that the insured person has acquired up to the inception of the entitlement to the disability pension,

b. * the retirement credits according to the basic plan that are still missing until the end of the month in which the insured person reaches the age of 65; the retirement credits are calculated based on the last insured salary, and

c. * an interest of 2 percent per year from the relevant age of 42 on the respective amounts according to a and b, at most for the period between the inception of the entitlement and the end of the month in which the insured person reaches the age of 65.

1. Insured persons who receive a disability pension are entitled to a disability child's pension for each child that could claim an orphan's pension in the event of their death.

2. The disability child's pension amounts to 20 percent of the disability pension of the insured person.

1. The retirement savings of an insured person receiving a full disability pension shall be continued (in the event of regained earning capacity) based on the retirement credits and the insured salary as per Art. 39.2b.

2. The retirement savings of an insured person receiving a partial disability pension shall be divided into two parts. One part of the retirement savings corresponds proportionally to the pension entitlement. It shall be continued as for a fully disabled insured person. The other part is equivalent to the retirement savings of a fully employed insured person.

1. The LUPK reduces or denies disability benefits to the same extent as the disability insurance if the eligible person

a. has violated their duty to mitigate damages, or

b. * has intentionally caused the insured person's incapacity to work or has done so in the intentional commission of a crime or misdemeanor, or

c. * has failed to comply with their cooperation obligations in accordance with Art. 7 IVG.

2. The disability child's pensions are not reduced.

**1. Insured persons are entitled to a portability benefit if the insurance terminates according to Art. 5.2 or 5.3 without entitlement to an insurance benefit. Article 6 remains reserved. From the age of 60, insured persons are entitled to the retirement pension. Upon written request, they are entitled to the payment of the portability benefit until retirement age if they continue to be employed or are registered as unemployed.**

a. * ...

b. * ...

**2. The amount of the portability benefit corresponds to the retirement assets acquired by an insured person by the time the portability case arises (Art. 15 FZG), at least the entitlement in accordance with Art. 17 FZG and at least the BVG retirement assets.**

**3. The minimum amount according to Art. 17 FZG corresponds to**

a. the entry benefits of the insured person including interest,

b. the contributions paid by the insured person for retirement benefits including interest, increased by a surcharge of 4 percent per year of age starting from the relevant age of 20, up to a maximum of 100 percent.

**4. In the event of a partial liquidation of the LUPK due to the termination of an affiliation contract by an affiliated employer, the technical deficit is proportionally deducted from the exit benefit (Art. 53d para. 3 BVG). The board of directors regulates the conditions and the procedure in a special regulation on partial liquidation.**

**5. The portability benefit accrues interest from the date the insured person exits at the BVG minimum interest rate. The LUPK pays the statutorily prescribed default interest starting from the 31st day after receiving all necessary information for the transfer of the due portability benefit. The obligation to pay default interest begins no earlier than 30 days after the exit.**

**6. If an insured person reduces their employment degree without a pensionable event occurring, they can request in writing the transfer of part of the portability benefit insured at the time of the salary reduction. The portion is determined according to the salary reduction. It is further reduced if the lost salary is not additionally insured by another pension fund. The transferred part of the portability benefit is charged to the insured person’s retirement assets.**

1. The vested benefits are transferred to the pension institution to which the entitled person moves.

2. If this is not possible, the departing person must inform the LUPK of the form, permissible under federal law, in which they wish to maintain their pension coverage. If this notification does not occur, LUPK will usually transfer the vested benefits, including interest, to the Substitute Pension Plan within six months, but no later than two years after the occurrence of the portability event.

3. Insured persons may request a cash payment of the vested benefits if

a. they take up self-employment and are no longer subject to mandatory occupational pension provision,

b. the vested benefits are less than their annual contribution, or

c. they permanently leave Switzerland; Article 25f of the FZG remains reserved.

1. Benefits Similar to Vested Benefits by LUPK are

a. Early withdrawal pursuant to Art. 46,

b. Pledging pursuant to Art. 46, and

c. * Payment to cover pension equalization in the event of divorce.

2. The benefits similar to vested benefits are governed by federal law, particularly regarding the safeguarding of the pension purpose, repayment, and taxation.

3. In the case of an early withdrawal within the context of home ownership promotion, or when transferring funds due to divorce, the retirement savings (and proportionally the retirement savings according to BVG) are reduced by the transferred amount. When calculating the minimum amount pursuant to Art. 17 FZG (Art. 43.3a), the paid-out amount is treated as a negative entry benefit.

4. The Board issues regulations concerning pension equalization in Annex 6, if the pension event has already occurred at the time of divorce or occurs during the divorce proceedings.

1. Insured persons may, until the entitlement to regulatory old-age benefits arises, and at the latest until retirement age,

a. request an advance withdrawal from the LUPK, or

b. pledge their entitlement to insurance benefits or their vested benefits.

2. Advance withdrawal and pledging are only permissible

a. for home ownership for personal use and

b. for the acquisition of shares in a housing cooperative or similar participations, through which the insured finance an owner-occupied dwelling.

3. The advance withdrawal or pledging may not exceed the amount of the vested benefits. If insured persons are over 50 years old, no more than the vested benefits to which they would have been entitled at the age of 50, or half of the current vested benefits, may be pledged or withdrawn in advance.

4. The LUPK shall provide the insured, upon request, with additional insurance. This insurance is intended to cover the difference between the full risk benefits and those reduced due to the advance withdrawal from the LUPK.

1. The LUPK collects the following contributions in the basic plan for risk benefits, administrative costs for retirement benefits, and for an excessive conversion rate in percentage of the insured salary

| Relevant Age | Contributions of Insured: Risk (0.7%) / Administration (0.1%) | Contributions of Insured: Retirement | Contributions of Insured: Total | Contributions of Employer: Risk (0.9%) / Administration (0.1%) | Contributions of Employer: Retirement | Contributions of Employer: Conversion Rate | Contributions of Employer: Total |

| :--- | :--- | :--- | :--- | :--- | :--- | :--- | :--- |

| 18-24 | 0.80 % | 0.00 % | 0.80 % | 1.00 % | 0.00 % | 0.50 % | 1.50 % |

| 25-29 | 0.80 % | 5.95 % | 6.75 % | 1.00 % | 5.95 % | 0.50 % | 7.45 % |

| 30-34 | 0.80 % | 7.00 % | 7.80 % | 1.00 % | 7.00 % | 0.50 % | 8.50 % |

| 35-41 | 0.80 % | 8.10 % | 8.90 % | 1.00 % | 8.10 % | 0.50 % | 9.60 % |

| 42-65 | 0.80 % | 9.10 % | 9.90 % | 1.00 % | 12.20 % | 0.50 % | 13.70 % |

| 66-70 | 0.80 % | 5.95 % | 6.75 % | 1.00 % | 5.95 % | 0.50 % | 7.45 % |

2. ...

3. The employer owes the LUPK the total contributions. The employer deducts the insured's share from the salary payment.

1. If the coverage ratio of LUPK on the reference date is below 100 percent, the LUPK shall implement the following remedial measures depending on the coverage ratio, whereby the lowest coverage ratio determined since the beginning of the remediation on the reference date shall always be decisive

a. * For a coverage ratio below 100 percent but not lower than 95 percent, the board shall decide on remedial contributions. If remedial contributions are levied, they must not exceed a total of 3 percent of the insured salary.

b. * For a coverage ratio below 95 percent but not lower than 90 percent, the board shall determine remedial contributions that amount to a total of at least 3 percent and no more than 6 percent of the insured salary.

c. * For a coverage ratio below 90 percent, the board shall determine remedial contributions that amount to a total of at least 6 percent of the insured salary and at most correspond to the maximum remedial contribution in accordance with § 63a paragraph 2 of the Public Service Employment Act (Personnel Act) of June 26, 2001 [9].

2. The reference date is March 31 of each year.

3. The remedial contributions are borne equally by the employers and the active insured persons. The board may determine that the active insured persons shall contribute their portion entirely or partially in the form of reduced interest on the accrued retirement savings. Reduced interest on the accrued retirement savings occurs when the interest on the accrued retirement savings is at a rate lower than the BVG minimum interest rate. The reduced interest on the accrued retirement savings occurs under the calculation principle and does not affect the shadow account pursuant to Article 11. A negative interest on the accrued retirement savings is excluded.

4. The remedial measures decided by the board apply to the insured persons of the voluntary risk insurance in accordance with Article 6 to the same extent as to the active insured persons.

5. The remedial contributions are collected for at least one whole calendar year.

1. Insured persons are obligated to transfer the vested benefits from other pension institutions to the LUPK.

2. Insured persons may voluntarily make entry payments to the LUPK at any time. Payments affecting a completed fiscal year are not permissible.

3. Risk benefits are calculated without considering the voluntary entry payments if the incapacity for work, which caused disability or death, arose before the payment of the voluntary entry payments. In such cases, the LUPK will refund the voluntary entry payments to the beneficiaries.

4. If voluntary entry payments have been made, the resulting benefits cannot be withdrawn in capital form from the pension for the following three years.

5. The employer may contribute to the costs of the voluntary entry payment. In an agreement between the employer and the insured person, a deduction in the calculation of the exit benefit may be regulated to a maximum extent in accordance with Art. 7 FZG. The unused portion of the employer's contribution is credited to the employer contribution reserve account of the respective employer. The agreement must be communicated in writing by the employer. If such an agreement is missing, no deduction will be made.

1. The LUPK may establish a minimum amount for voluntary entry contributions.

2. The voluntary entry contribution corresponds to at most one of the following amounts

a. at any point in time of the payment: the difference between

1. the benchmark value of the retirement savings according to Appendix 2, calculated based on the current insured salary, and

2. the insured person's retirement savings,

b. * in case of a purchase at the time of retirement before the pension age: amount required to increase the retirement pension to the insured disability pension (Article 39); this amount is increased, if applicable, by the capital necessary to fund the AHV substitute pension by the insured person (Article 28.4).

3. If the insured person has made advance withdrawals for home ownership, voluntary entry contributions may only be made once the advance withdrawals have been repaid. If the repayment of the advance withdrawal is no longer permissible pursuant to Article 30d, paragraph 3a BVG, the insured person may make voluntary entry contributions. The voluntary entry contributions may not exceed the amount reduced by the advance withdrawal according to Article 51.2.

4. If the retirement savings of the insured person have been divided as part of a pension settlement in a divorce, voluntary entry contributions may only be made once the repurchase after divorce pursuant to Article 22d FZG has been completed in full.

1. Commencement of Contribution Obligation for the Insured

a. For old-age benefits, the obligation to contribute commences on January 1st following the completion of the 24th year of age.

b. For risk benefits and AHV substitute pensions, the obligation to contribute commences on January 1st following the completion of the 17th year of age.

2. Termination of Contribution Obligation

a. The obligation to contribute terminates when the insurance coverage ends.

b. The obligation to contribute terminates when insured individuals receive a full old-age or full disability pension.

c. * The obligation to contribute terminates when insured individuals have completed the 65th year of age, or, in cases of deferral in accordance with Art. 25.2bis, at the latest upon completion of the 70th year of age.

1. The LUPK bears the administrative costs.

2. The board members are entitled to appropriate remuneration for their activities.

3. The LUPK may levy fees according to the Fees Act for extraordinary expenses caused by an insured person or an employer.

1. The Board is the highest authority of the LUPK. It is responsible for the overall management and ensures the fulfillment of statutory duties. It determines the strategic objectives and principles of the LUPK as well as the means for their fulfillment. It ensures the financial stability of the LUPK and supervises the management.

2. The Board specifically exercises the following duties

a. Determination of the financing system,

b. Establishment of performance goals and pension plans as well as the principles for the use of free funds,

c. Issuance and amendment of regulations and directives,

d. Preparation and approval of the annual financial statements,

e. Determination of interest rates and other technical fundamentals,

f. Determination of the organization,

g. Structuring of the accounting system,

h. Determination of the circle of insured persons and ensuring their information,

i. Ensuring the initial training and further education of employee and employer representatives,

j. Appointment and dismissal of persons entrusted with management,

k. Election and dismissal of the expert for occupational benefits and the audit office,

l. Decision on the full or partial reinsurance of the LUPK and about any reinsurer,

m. Determination of the objectives and principles of asset management as well as the implementation and monitoring of the investment process,

n. Periodic review of the medium- and long-term consistency between the investment of assets and obligations,

o. Determination of the conditions for the repurchase of benefits,

p. Conclusion of contracts regarding the affiliation of employers to the LUPK,

q. Decision on the adjustment of pensions to the price development.

1. The Board consists of twelve persons.

2. Six members are elected as employee representatives in accordance with the election regulations.

a. * ...

b. * ...

c. * ...

d. * ...

3. Six persons are appointed by the Government Council as employer representatives. The municipalities and the affiliated employers shall be adequately represented on the Board.

4. The Board elects the Chairperson and the Vice Chairperson for a term of four years alternately from the employer and employee representatives.

1. Elections and resolutions shall be decided by an absolute majority of the votes cast.

2. In the event of a tie, the chairperson shall have the casting vote.

1. The President, the Vice President, and two other members elected by the board form the equally composed executive committee.

2. The board defines the responsibilities of the executive committee in a regulation or assigns them on a case-by-case basis.

1. The board elects the managing director or the managing director as well as the other members of the executive management.

2. The managing director leads the LUPK according to the instructions of the board. He or she represents the LUPK externally and makes all decisions that do not fall within the competence of the board. The managing director participates in the meetings of the board and the committee with an advisory vote. He or she issues the fund resolutions.

1. The Assembly of the Insured has the following duties

a. * Election of six board members as employee representatives, subject to a silent election according to the election regulations,

b. Providing opinions on amendments to these regulations that have significant impacts on the rights and obligations of the insured,

c. Submission of applications directed to the board.

1. The Assembly of Insured Persons shall be convened for elections and in the event of amendments to the regulations in accordance with Art. 59b.

2. The Assembly of Insured Persons shall be held upon the decision of the Board or at the request of 5 percent of the insured persons.

1. The Assembly of Insured Persons is convened by the Board of Directors. Invitations shall be delivered to the insured persons no later than 20 days prior to the assembly. If a statement regarding an amendment to these regulations is proposed, the insured persons must be adequately informed.

2. The Chairperson of the Board generally presides over the assembly.

3. Resolutions require an absolute majority of votes. For elections pursuant to Article 55.2, the provisions of the Election Regulations apply.

1. The LUPK is an independent, registered pension scheme within the meaning of the BVG.

2. The LUPK is a public-law institution of the Canton of Lucerne with its own legal personality. Its seat is in Lucerne.

1. The Central Swiss BVG and Foundation Supervisory Authority (ZBSA) exercises supervision within the meaning of the BVG in accordance with the Concordat of April 19, 2004.

1. The auditing body examines the management, accounting, and asset management of the LUPK. It reports to the board annually.

1. The Expert in Occupational Pensions assesses at least every three years whether

a. the LUPK provides assurance that it can fulfill its obligations,

b. the regulatory actuarial provisions regarding benefits and financing comply with legal requirements.

1. The Liability of Individuals Entrusted with Management, Administration, and Supervision for Damages They Have Caused to the LUPK is Governed by Article 52 of the Federal Act on Occupational Retirement, Survivors and Disability Pension Plans (BVG).

2. The Liability of Individuals Entrusted with Management and Administration for Damages They Have Caused to Beneficiaries and Third Parties is Governed by the Liability Act of September 13, 1988. This Act Also Regulates the Right of Recourse.

3. The Liability of the Auditing Body is Governed by Article 52 Paragraph 4 of the Federal Act on Occupational Retirement, Survivors and Disability Pension Plans (BVG).

1. The Act on Administrative Jurisdiction of July 3, 1972, is applied mutatis mutandis.

1. The LUPK issues written, justified resolutions regarding the establishment, justification, modification, or revocation of rights and obligations.

1. The competent court according to Art. 73 of the Federal Act on Occupational Old Age, Survivors' and Invalidity Pension Plans (BVG) adjudicates disputes between the LUPK (Luzern Pensionskasse), employers, and beneficiaries in occupational pension matters as a court of first instance. The jurisdiction of the supervisory authority according to Art. 62 BVG remains reserved.

2. Before filing a lawsuit, the plaintiff should provide the LUPK with a written notification of the claims and the reasons. The LUPK shall respond to the claims within 30 days.

1. The provisions of Sections 65 to 67 and 70 to 72c of the Regulation on the Lucerne Pension Fund, as reproduced in Annex 3 and dated May 11, 1999, effective until December 31, 2013, shall remain applicable without change as long as members of the LUPK can still derive claims from them.

1. For insured persons who have been continuously insured with the LUPK since December 31, 2018, the employer finances the AHV replacement pensions payable after the insured person reaches the age of 62, as per Article 29 of the LUPK Regulations in the version dated December 12, 2013, as follows

a. For retired insured persons who receive a full or partial retirement pension as of January 1, 2019, without restriction in accordance with their entitlement to a retirement pension.

b. For active insured persons to the extent that their AHV replacement pension is paid between January 1, 2019, and December 31, 2021.

2. If an insured person requests an AHV replacement pension in accordance with Article 28, the benefits financed by the employer according to Article 70a.1 will be credited against the costs specified in Article 28.4.

3. The costs of the AHV replacement pensions financed by the employers are funded in the form of an annual contribution amounting to 0.7 percent of the insured salaries. The LUPK maintains a special account for the financing of the AHV replacement pensions. The obligation to contribute ends at the start of the following year in which the costs of the AHV replacement pensions are financed. Any surplus will be transferred as an employer's contribution to the special account pursuant to Article 70b.7.

1. To partially compensate for the reduction of the conversion rate according to Art. 26.2 as of January 1, 2019, LUPK calculates for active insured persons born in 1954 and later, who are insured with LUPK on December 31, 2018, and January 1, 2019, a compensation amount of 6 percent on the creditable retirement assets according to Art. 70b.2.

2. The creditable retirement assets correspond to the retirement assets as of December 31, 2018, reduced by the voluntary contributions made after January 1, 2018, according to Art. 50 and 51, repayments of advance withdrawals for home ownership financing according to Art. 46, as well as buy-ins as a result of a divorce according to Art. 22d FZG.

3. As of January 1, 2019, 1/84 of the compensation amount according to Art. 70b.1 will be credited monthly to the retirement assets of active insured persons as a compensation credit. This occurs only for months in which ordinary contributions within the mandatory insurance obligation according to Art. 4 are made. The entitlement to the monthly compensation credits expires at the latest on December 31, 2025. The compensation credits of the current year are interest-bearing on the same principles as the ordinary retirement credits according to Art. 23.1.

4. Should an event of coverage occur before December 31, 2025, the compensation credits still missing from this point forward, without interest, are added to the retirement assets. In cases of partial retirement or partial disability, this applies according to the entitlement to pension. When calculating the disability pension, the still missing compensation credits without interest are added to the relevant retirement assets according to Art. 39.2.

5. If there is an exit from LUPK before December 31, 2025, the entitlement to the compensation credits still missing from the point of exit lapses.

6. The maximum possible voluntary entry contribution according to Art. 51 is reduced by the compensation credits still missing after the reference date.

7. The costs of the compensation credits according to Art. 70b.3 and 70b.4 are financed by the employers from January 1, 2019, in the form of an annual contribution of 1.5 percent of the insured salaries. LUPK maintains a separate account for the costs and financing of the compensation credits including interest. The interest rate corresponds to that on the retirement assets. The contribution obligation ends from the beginning of the following year in which the costs of the compensation credits are financed. LUPK reports on the separate account in the appendix to the annual accounts.

8. Employers who join LUPK after December 31, 2018, are exempted from the contribution obligation according to Art. 70b.7. If an insured person switches to such an employer, the entitlement to the compensation credits still missing lapses in accordance with Art. 70b.5.

9. For insured persons born from 1954 to 1960, who have been continuously insured with LUPK from December 31, 2018, until retirement, the conversion rate for calculating the retirement pension is at least according to the following table if retirement occurs after January 1, 2019

Birth Year/Month | 1960 | 1959 | 1958 | 1957 | 1956 | 1955 | 1954

--- | --- | --- | --- | --- | --- | --- | ---

12 | 4.811 % | 4.953 % | 5.094 % | 5.236 % | 5.377 % | 5.519 % | 5.660 %

11 | 4.823 % | 4.965 % | 5.106 % | 5.248 % | 5.389 % | 5.531 % | 5.672 %

10 | 4.835 % | 4.976 % | 5.118 % | 5.259 % | 5.401 % | 5.542 % | 5.684 %

9 | 4.847 % | 4.988 % | 5.130 % | 5.271 % | 5.413 % | 5.554 % | 5.696 %

8 | 4.858 % | 5.000 % | 5.142 % | 5.283 % | 5.425 % | 5.566 % | 5.708 %

7 | 4.870 % | 5.012 % | 5.153 % | 5.295 % | 5.436 % | 5.578 % | 5.719 %

6 | 4.882 % | 5.024 % | 5.165 % | 5.307 % | 5.448 % | 5.590 % | 5.731 %

5 | 4.894 % | 5.035 % | 5.177 % | 5.318 % | 5.460 % | 5.601 % | 5.743 %

4 | 4.906 % | 5.047 % | 5.189 % | 5.330 % | 5.472 % | 5.613 % | 5.755 %

3 | 4.917 % | 5.059 % | 5.200 % | 5.342 % | 5.483 % | 5.625 % | 5.767 %

2 | 4.929 % | 5.071 % | 5.212 % | 5.354 % | 5.495 % | 5.637 % | 5.778 %

1 | 4.941 % | 5.083 % | 5.224 % | 5.366 % | 5.507 % | 5.649 % | 5.790 %

10. The entitlement according to Art. 25.1 and 27.1 exists for insured persons born between 1963 and 1959, who have been continuously insured with LUPK from December 31, 2018, until retirement, already upon reaching the age of 58. The applicable conversion rate corresponds to the conversion rate of 4.6 percent, reduced by 0.01 percentage points for each month the retirement occurs before reaching the age of 60.

11. The amount of the disability pension corresponds at minimum to the retirement pension at the time the entitlement begins.

12. For insured persons born in 1953 and older, who have been continuously insured with LUPK from December 31, 2018, until retirement, the conversion rate for calculating the retirement pension is the one that would have been applicable based on age for a theoretical retirement as of December 31, 2018. For these insured persons, the option to continue insurance after reaching retirement age according to Art. 5a does not apply.

13. The claims for insurance benefits that arose up to and including January 1, 2019, are governed by previous law.

1. Claims for insurance benefits arising on or before January 1, 2021, shall be governed by the previous law.

2. Concerning the Partner's Pension according to Art. 32: The new law does not apply in the event of the death of individuals whose entitlement to a full old-age or disability pension arose on or before January 1, 2021. In the case of the death of individuals receiving a partial pension with the entitlement beginning on or before January 1, 2021, the new law shall only apply to those portions of the pension whose entitlement arose after January 1, 2021.

3. Regarding the Partner's Pension according to Art. 32 in the version valid until December 31, 2020: Art. 32 in the previous version applies in the event of the death of individuals whose entitlement to a full old-age or disability pension arose on or before January 1, 2021. In the case of the death of individuals receiving a partial pension with the entitlement beginning on or before January 1, 2021, the previous law shall only apply to that portion of the pension.

4. Regarding the Death Benefit Capital according to Art. 35: The new law does not apply in the event of the death of individuals whose entitlement to a full disability pension arose on or before January 1, 2021. In the case of the death of individuals receiving a partial pension with the entitlement beginning on or before January 1, 2021, the new law shall only apply to the active portion of the retirement savings.

1. For insured persons whose pension entitlement for an invalidity pension arose before January 1, 2022, and who have not reached the age of 55 by January 1, 2022, the previous pension entitlement remains in effect until the degree of invalidity changes in accordance with Art. 38.4. The previous pension entitlement also remains even after a change in the degree of invalidity according to Art. 38.4 if, when applying Art. 38.4, the previous pension entitlement

a. decreases with an increase in the degree of invalidity, or

b. increases with a decrease in the degree of invalidity.

2. For insured persons whose pension entitlement for an invalidity pension arose before January 1, 2022, and who have not reached the age of 30 by January 1, 2022, the pension entitlement will be applied according to Art. 38.1 no later than January 1, 2032. If the pension amount decreases compared to the previous amount, the insured person shall continue to receive the previous amount until the degree of invalidity changes according to Art. 38.4.

3. During the provisional continuation of insurance according to Art. 26a BVG, the application of Art. 38.1 is postponed.

4. For insured persons whose pension entitlement for an invalidity pension arose before January 1, 2022, and who have reached the age of 55 by January 1, 2022, the previous law applies.

1. Employers affiliated as of December 31, 2023, may continue to remain affiliated with the fund after December 31, 2023, even if they do not meet the requirements of Article 1.1c.

1. This regulation is enacted by the Board of the Lucerne Pension Fund pursuant to § 63 paragraph 3b of the Personnel Act.

2. The regulation comes into effect on January 1, 2014. It is to be published.