Act on the Remuneration and Compensation of Authorities and Commissions (Authorities Act, BehG) (Behördengesetz, BehG) - Scope (BehG)

1. This Act regulates

a. the remuneration of the Government Council and the court presidencies;

b. the compensation of part-time authorities;

c. the compensation of commissions.

2. For part-time bodies whose compensation is not regulated by this Act, the provisions for state personnel pursuant to the State Administration Act are applicable mutatis mutandis.

1. The member of the Council of States is compensated in the same manner as the member of the National Council. The canton provides all services not covered by the Confederation.

1. Members of the Cantonal Council receive daily allowances which compensate for participation in the Cantonal Council meetings, study of documents, and expenses. The allowances are CHF 230 for a half day and CHF 320 for a full day for members from Engelberg, CHF 210 and CHF 300 for members from Lungern, and CHF 200 and CHF 290 for members from other municipalities, respectively. 15 percent of these daily allowances are considered a flat-rate compensation for expenses.

2. For obligations outside of Obwalden and Nidwalden, a first-class train ticket is additionally reimbursed. Complementary expense regulations for the cantonal administration apply.

3. For cantonal council committees, the rates according to Article 11 of this law (other authorities and commissions) apply.

4. The Cantonal Council sets an annual IT compensation for the procurement and maintenance of personal IT infrastructure.

1. The President of the Cantonal Council receives an annual, fixed presidential allowance of CHF 4,000.-, and the Vice President receives CHF 800.-.

1. The salary of a member of the governing council for a full-time position (100 percent) corresponds to 110 percent of the maximum salary of function level 10 of the administrative cadre.

1. Each member of the Government Council receives a monthly flat-rate compensation for expenses and representation costs, depending on their place of residence, ranging from CHF 900 to CHF 1,600. This compensation covers all expenses except for obligations outside the cantons of Obwalden and Nidwalden. For obligations outside the cantons of Obwalden and Nidwalden, the expense regulations of the cantonal administration apply.

2. Additionally, the Landammann receives a monthly allowance of CHF 700, and the Landstatthalter receives CHF 300.

1. Fees, such as those for mandates in boards of directors or inter-cantonal bodies, which are received by the member of the government council by virtue of office through third parties, shall go to the canton.

2. Compensations, such as daily allowances, expenses, and functional allowances, shall accrue directly to the member of the government council.

1. Each member of the Government Council joins the pension fund designated for the cantonal administration and receives the fund's regulatory benefits in the event of an insured occurrence.

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1. In favor of the members of the governing council, a savings insurance exists for the duration of their term of office.

2. The canton and the members of the governing council shall each contribute an annual payment of three percent of their respective salary, in accordance with Article 5 of this law, to the savings insurance.

3. The deposits shall earn interest at the minimum rate in accordance with the Federal Act on Occupational Old Age, Survivors', and Invalidity Pension Plans. The interest shall be added to the capital at the end of each year.

4. The total accrued deposits shall be paid to the insured members upon their departure from the governing council. In the event of death, the amount shall be paid to their survivors.

1. The Salary of the Presidents of the Courts for a Full Position (100 percent) corresponds to the following percentages of the Maximum Salary of Functional Level 10 of the Administrative Cadre

a. President of the Higher and Administrative Court: 107 percent

b. Managing President of the Cantonal Court: 100 percent

c. Other Presidents of the Cantonal Courts: 95 percent

d. * President of the Tax Appeals Commission: 90 percent

2. The On-call Duty of the Cantonal Court Presidency (as a single court for coercive measures) is compensated with CHF 7,500.- per year.

1. The part-time members of judicial authorities receive daily allowances, which compensate for participation in court sessions and expenses. The allowances amount to CHF 230 for a half-day and CHF 320 for a full day for members from Engelberg, CHF 210 and CHF 300 respectively for members from Lungern, and CHF 200 and CHF 290 respectively for members from other municipalities. Fifteen percent of these daily allowances are considered a flat-rate reimbursement for expenses.

2. For obligations outside of Obwalden and Nidwalden, the first-class train ticket is additionally reimbursed. Additionally, the expense regulations for the cantonal administration apply.

3. Furthermore, the following annual supplements are granted to part-time deputy presidencies of the courts

a. High Court CHF 1,600

b. Administrative Court CHF 1,600

c. Cantonal Court CHF 1,600

4. If a member of the court exceptionally assumes the court presidency in a matter, they receive an allowance of up to CHF 1,600, which is determined by the court on a case-by-case basis.

1. The respective court uniformly sets the compensation for the study of files at a maximum of CHF 400 per judge and per case. In cases with extraordinary time expenditure, especially if a repeated study of files is necessary in a case, the compensation for the study of files can be set at a maximum of CHF 800.

2. The compensation for the study of files is included in the salary of the court presidencies.

1. The part-time authority members and commission members receive daily allowances which compensate for attending meetings, studying documents, and expenses. These amounts are CHF 150 for a half-day and CHF 200 for a full day for members from Engelberg, CHF 130 and CHF 180 for members from Lungern, and CHF 120 and CHF 170 for members from other municipalities. Twenty-five percent of these daily allowances are considered as a flat-rate compensation for expenses.

2. The president of a part-time authority or commission receives an additional allowance of CHF 100 for each meeting.

3. The cantonal government may determine an additional allowance in individual cases for extraordinary efforts by commission members who are not in an employment relationship.

4. For obligations outside of Obwalden and Nidwalden, a first-class train ticket is reimbursed. Additionally, the expense regulation for the cantonal administration applies.

1. Employees in a public-law employment relationship do not receive allowances or compensation for their participation in the cantonal management staff. The deployment time is considered working time.

2. For external experts, the government council determines the compensation on a case-by-case basis. In doing so, it takes into account the difficulty of the task and the responsibility, as well as any potential downtime costs for self-employed individuals.

1. Insofar as this law does not regulate a specific case, the cantonal personnel law shall apply complementarily to employment relationships as appropriate.

1. To supplement the statutory pension benefits according to Art. 8 para. 1 of this law, the competent department shall conclude an additional insurance for the members of the Government Council who were in office at the time of the entry into force of this law, amounting to ten percent of the insured salary. The canton shall pay half of the premium.

2. The members of the Government Council who were in office at the time of the entry into force of this law shall have their retirement pensions, which they acquire from this point according to Art. 8 para. 1 and Art. 14 para. 1 of this law, enhanced up to the amount of the retirement pensions they could have acquired according to Art. 5 and 6 of the Ordinance on Compensation of Part-Time Authorities and Officials dated October 27, 1971. For the calculation of the pension claim according to the old regulation (Art. 5 and 6), 90 percent of the current gross salary shall be considered as pensionable salary.

3. The former as well as the current members of the Government Council who were in office at the time of the entry into force of this law shall not receive a bridging pension.

4. The Government Council may, in cases where there is an entitlement to retirement pensions according to Art. 5 and 6 of the Ordinance on Compensation of Part-Time Authorities and Officials dated October 27, 1971, agree on compensation in the sense of a portability arrangement or in the form of a full or partial capital payout.

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1. The savings insurance pursuant to Art. 8a of this Act applies to the members of the governing council as of July 1, 2002.

2. For the calculation of the pension entitlement pursuant to Art. 14 para. 2 of this Act, 72 percent of the current gross salary is considered as reckonable salary as of July 1, 2002.

1. Upon the enactment of this law, the following are repealed

a. the Ordinance on the Compensation of Part-time Authorities and Officials of October 27, 1971, except for Articles 5 and 6 (Transitional Provisions regarding Retirement Pensions);

b. Implementing Provisions concerning the Compensation of the Presidents of Cantonal Commissions of November 7, 1989;

c. Implementing Provisions regarding Travel and Meal Allowances for Members of the Government Council of March 24, 1992;

d. Implementing Provisions regarding Travel and Meal Allowances for Members of the Cantonal Council, the Courts, and the Commissions of March 24, 1992;

e. ...

1. Concerning the Attendance Fees (Art. 3, Art. 10, and 11), this law shall enter into force retroactively as of June 1, 1999. All other provisions shall apply retroactively from July 1, 1999. This law is subject to an optional referendum.