Act on the Compensation of Authorities (Compensation Act, EntschG) (Entschädigungsgesetz, EntschG) (EntschG)
Table of Provisions (51)
Statutory Text (51 Articles)
1. This law applies to the members of cantonal authorities and commissions as well as to members of working groups that are established by the government council.
2. It does not apply to the administrative authorities of autonomous cantonal institutions.
1. Insofar as the municipalities have not enacted differing provisions, Articles 32-38 and Article 40 paragraph 1 shall be applicable mutatis mutandis to members of municipal authorities and commissions.
1. The annual compensation for district council meetings and for studying documents is a flat rate of CHF 5,000.00.
1. The annual presidential allowance is as follows
1. For the presidency of the district council: CHF 10,000, of which CHF 2,500 is considered a flat-rate expense allowance;
2. * For each vice-presidency of the district council: CHF 1,000, of which CHF 250 is considered a flat-rate expense allowance.
1. The attendance fee for commission meetings is CHF 160 for members of the Cantonal Council per half-day meeting; if the meeting lasts less than two hours, the attendance fee is CHF 80.
2. The chairpersons receive a supplement of 50 percent of the attendance fee, at least CHF 80 per meeting.
3. For a written report or relevant work by a commission member, the commission may determine an appropriate remuneration.
1. The flat-rate expense allowance, particularly for travel to district council and commission meetings as well as for parking, amounts to CHF 330 annually.
1. Travel Compensation for Members of the Cantonal Council for External Missions is Governed by Art. 37.
1. The factions receive an annual basic contribution of CHF 4,500.- and a contribution of CHF 700.- per faction member.
2. Members of the cantonal council who do not belong to any faction receive an annual contribution of CHF 700.-.
1. The compensations pursuant to Articles 3, 4, 5, and 8 shall be paid semi-annually, and the other compensations shall be paid in the month of December.
1. The annual salary of a member of the government council is between 89 and 96 percent of the maximum annual salary of the highest salary band according to the Remuneration Ordinance for full-time activities. The salary is increased by two percent at the beginning of each calendar year until the maximum salary is reached. If the term of office begins after July 1st, the first increase will be one percent at the beginning of the following calendar year.
2. The presidential allowances are as follows
1. Landammann: CHF 18,000;
2. Landesstatthalter or Landesstatthalterin: CHF 4,500.
3. The attendance fee for participation in the meetings of the Landrat, the government council, commissions, and committees is included in this annual salary.
1. Each member of the government council shall receive an annual lump-sum expense allowance in the amount of CHF 12,000.
1. Each member of the Government Council is required to make the following contributions
1. Contributions for the financing of occupational retirement, survivor's, and disability provisions pursuant to the Pension Fund Act[2];
2. Statutory social security contributions;
3. Share of the premiums for health daily allowance and accident insurance in accordance with the proportional regulation as per the Personnel Ordinance[3].
1. Fees and meeting allowances for mandates on boards of directors and similar positions, which accrue to a member of the government council in the exercise of their official duties through third parties, are to be transferred to the canton.
2. Expenses from these mandates fully accrue to the respective members of the government council.
1. The disbursement of the salary and expense allowance shall occur monthly in twelve equal installments.
1. In the event of illness, members of the government council are entitled to full salary for the first six months. For the subsequent period, the salary entitlement is reduced to the amount provided by the daily sickness allowance insurance.
2. The insurance benefit during the period of full salary payment accrues to the canton.
1. In the case of occupational accidents, members of the government council are entitled to receive their full salary until they regain their ability to work or until they begin to receive retirement benefits in accordance with pension fund legislation, as well as payment of medical expenses within the scope of the insurance conditions.
2. In the case of non-occupational accidents, members of the government council are entitled to have their medical expenses paid and to receive their full salary for the duration of the first six months, after which their salary entitlement is reduced to the amount of the insurance benefit.
3. The insurance benefit during the period of full salary payment accrues to the canton.
1. A member of the government council who is not re-elected shall receive their full salary for six months following the end of their term.
2. This regulation also applies in the event of a withdrawal of candidacy after the first round of voting.
1. Upon the death of a member of the Executive Council, the full salary for two additional months is to be paid to their estate.
1. If a member leaves the government council due to resignation or non-reelection before a claim to a retirement pension has arisen, they shall receive a severance payment amounting to 80 percent of the most recent gross salary received for the following number of months
1. for less than 4 full years of office: 9 months;
2. for 4 to 7 full years of office: 12 months;
3. for 8 to 11 full years of office: 16 months;
4. for 12 or more years of office: 20 months.
2. In the case of non-reelection, salary continuation in accordance with Article 17 shall be paid first.
3. The severance payment will be made until the entitlement to an old-age or survivor's benefit arises.
1. As long as a former member of the Executive Council earns income from employment or replacement income that, together with the severance payment, exceeds the salary of a current member, the severance compensation shall be reduced by the excess amount.
2. Considered as income from employment or replacement income are
1. Wages from employment;
2. Income from self-employment, board of director fees;
3. Daily allowances from accident, health or military insurance, disability pensions according to the Federal Act on Disability Insurance, as well as benefits from unemployment insurance.
3. Not eligible for consideration, in particular, are: pensions from occupational benefits, income from employment or replacement income of the spouse or registered partner.
**1. Members of the Government Council are insured against the economic consequences of disability, old age, and death in accordance with the provisions of the pension fund legislation.**
**2. The Cantonal Council approves the funds available for the special savings plan of the Government Council through the budget. The Government Council establishes the special savings plan within the limits of the approved credits, subject to Article 17, paragraph 3 of the Pension Fund Act.**
1. The Presidencies and Vice-Presidencies of the Superior Court and Administrative Court shall receive, based on the maximum annual salary of the highest pay band according to the Compensation Ordinance, the following salary for a full position
1. Superior and Administrative Court Presidency: 98-105%
2. Managing Cantonal Court Presidency: 91-98%
3. Cantonal Court Presidency: 88-95%
4. Superior and Administrative Court Vice-Presidency: 95-102%
2. The initial salary is determined by the Parliamentary Office; thereafter, the salary shall be increased by one percent at the beginning of each calendar year until the maximum is reached. If the commencement of duties is after July 1, the first increase occurs at the beginning of the calendar year after next.
1. In addition to the salaries of the presidencies and vice-presidencies of the Supreme and Administrative Courts, an annual lump-sum expense allowance of CHF 3,600 is paid for a full-time position.
2. For part-time presidencies or vice-presidencies, the expense allowance is paid on a pro-rata basis.
1. The provisions of Articles 12, 15-18, and 22 apply mutatis mutandis to the presidencies and vice-presidencies of the higher and administrative courts; the full court of the higher court determines the specific savings plan within the framework of the approved credits.
1. The session fee for court sessions is CHF 160 per half-day session for court members; if the session lasts less than two hours, the session fee is CHF 80.
2. For presiding over a court session, conducting a preliminary procedure, or conducting a hearing by a judge, the competent court division shall determine an appropriate remuneration.
3. The salary of the presidencies and vice-presidencies of the Supreme and Administrative Courts includes the session fee.
1. The courts uniformly set the compensation for case file study between CHF 40 and CHF 400 per judge and per case; in cases involving extraordinary time expenditure, particularly when a repeated or additional study of the files in a case is necessary, the compensation for case file study may be appropriately increased. The usual remuneration per hour is CHF 40.
2. For a written report by a judge, the competent court division sets an appropriate remuneration.
3. The compensation for case file study is included in the salaries of the presidencies and vice-presidencies of the High Court and the Administrative Court.
1. Members of the courts shall receive an annual flat-rate expense allowance of CHF 330, specifically for travel to court sessions and parking.
1. The entire court may annually grant the chairpersons of the court divisions an additional remuneration of up to CHF 2,500.
2. The presidencies and vice-presidencies of the Supreme Court and Administrative Court are not entitled to any additional remuneration.
1. Members of the courts shall receive a compensation of CHF 7.50 per hour for being on standby duty on Saturdays, public holidays, and non-working days in accordance with personnel legislation.
2. The compensation shall also be granted during an active duty performed as part of the standby service.
1. The presidencies of the conciliation authority shall receive, based on the maximum annual salary of the highest pay band according to the remuneration ordinance, the following salary for a full-time position
1. President: 75-82%
2. Vice Presidents: 68-79%
2. The initial salary is determined by the government council; thereafter, the salary is increased by one percent at the start of each calendar year until the maximum salary is reached. If the office is assumed after July 1, the first increase will occur at the beginning of the second following calendar year.
1. The members of the Presidium of the Arbitration Authority receive an annual flat-rate expense allowance in the amount of CHF 330, in particular for travel to meetings and parking.
1. Articles 12, 15-18, and 22 shall apply mutatis mutandis to the members of the presidium of the conciliation authority; the full court of the higher court shall establish the specific savings plan within the scope of the approved credits.
1. The representatives of the landlords and tenants as well as the employers and employees from the public and private sectors shall be compensated according to the provisions applicable to the commissions.
1. The disbursement of salaries and allowance lump sums to the presidencies of the courts, the vice presidencies of the supreme and administrative courts, as well as to the presidencies of the conciliation authority, shall occur monthly in twelve equal installments, while the other compensations are paid in semi-annual installments.
1. The attendance fee for commission meetings is CHF 160.- per half-day session; if the meeting lasts less than two hours, the attendance fee is CHF 80.-.
1. For a written report or relevant work by a commission member, the commission may establish an appropriate remuneration.
2. If a comprehensive dossier must be studied before a meeting, the commission may establish an appropriate remuneration; the remuneration is usually CHF 40 per hour.
3. The compensation for special technical work is determined by the government council.
1. For chairing the session, the respective commission member shall receive an additional allowance of 50 percent, at a minimum of CHF 80 per session.
1. For working groups established by the Government Council, the session fees and compensation for assignments outside the canton are governed by Article 32 and Article 37; no further compensation shall be awarded.
2. Delegates of public-law corporations and public-law institutions generally do not have a claim to session fees.
3. The Government Council may, within the scope of its financial authority, agree upon a different compensation arrangement with experts who are brought in for working groups.
1. Members of authorities and commissions receive, subject to Articles 4, 11, and 24, for official assignments
1. a work compensation of CHF 160.- per half-day; if the time commitment is less than two hours, the work compensation is CHF 80.-;
2. an expense compensation of CHF 30.- per half-day; if the time commitment is less than two hours, no expense compensation is provided;
3. a compensation of CHF 150.- if overnight accommodation is necessary and the costs are not covered by the canton; if the overnight stay with breakfast costs more, the actual costs can be claimed.
1. Members of authorities and commissions shall receive compensation of CHF 0.70 per kilometer for round trips to meetings or official missions within the canton; the travel compensation is calculated according to the distance table set by the Council of State; subject to Articles 4, 6, 11, 24, 28, and 30a.
2. If an authority or a commission jointly uses a vehicle, the vehicle owner is entitled to travel compensation for the kilometers driven as documented.
3. This compensation also covers any potential parking fees.
1. As travel compensation for out-of-canton dispatches, a first-class public transportation ticket is reimbursed. If multiple persons use the same vehicle, a compensation of CHF 0.70 per kilometer driven is paid; subject to Articles 4, 11, and 24.
2. This compensation also covers any applicable parking fees.
1. The compensations pursuant to Articles 32-37 shall be paid biannually.
1. The compensations are reviewed by the District Office in the middle of each legislative period; it submits a report and any proposals to the District Administrator.
1. Members of authorities and commissions shall be insured against the consequences of accidents occurring in the exercise of their official duties.
2. The insurance benefits during the period of full salary payment shall accrue to the canton.
1. Members of the Government Council, the presidencies and vice-presidencies of the Supreme and Administrative Courts shall be insured against loss of salary due to illness.
1. Until June 30, 2010, the active members of the Government Council shall receive the benefits pursuant to Articles 11-40 of the Act of June 23, 1999, on the Compensation of Members of Authorities (Compensation Act).
2. For members of the Government Council who belonged to the Government Council before July 1, 2010, and have entitlements under the previous legislation or are already receiving pensions, the Act of June 23, 1999, on the Compensation of Members of Authorities (Compensation Act), the Authorities Ordinance of June 19, 1971, and the Cantonal Council Resolution of July 4, 1990, on the retirement allowances for former members of the Government Council shall continue to apply.
3. For the member of the Government Council who has been newly in office since July 1, 2008, the pension fund contributions for the period up to June 30, 2010, shall be paid retroactively after successful re-election.
1. For incumbent members of the Council of Ministers who assumed office before the amendment of November 22, 2017, the new salary regulation applies.
2. The annual salary shall be adjusted to the new law on July 1, 2018, based on the calculation according to Article 10, paragraph 1.
1. The previous provisions on transitional pensions in the Compensation Act continue to apply to
1. former members of the Government Council, who left office before July 1, 2018, if they were already receiving a transitional pension or had entitlements to a transitional pension at the time of the entry into force of this amendment;
2. incumbent members of the Government Council who assumed office before July 1, 2018.
1. The Law of June 25, 2008, on the Cantonal Pension Fund (Pension Fund Act, PFA) is amended as follows: ...
1. The Law of June 23, 1999, on the Compensation of Authority Members (Compensation Act) is repealed.
1. This law is subject to the optional referendum.
2. It shall enter into force retroactively as of January 1, 2009; Art. 43 shall enter into force as of July 1, 2010.