Ordinance on the Continued Payment of Salary for Magistrates (LFVMP) - Entitlement (LFVMP)

1. The magistrate is entitled to continued payment of wages if

a) their employment as a magistrate began after January 1, 2014;

b) they leave office before reaching the age of 65.

2. The entitlement ends upon reaching the age of 65.

3. The entitlement is forfeited if the departure from office is due to the final conviction of the magistrate for a criminal offense related to their official duties.

1. The magistrate shall be granted continued salary based on the number of years in office for a period of at least 18 months and no more than 48 months.

2. For each complete and partial year of office, continued salary payment will be granted for a period of four months.

1. Continuation of Salary Payment amounts to 50 percent of the salary paid at the time of leaving office according to Article 3 of the Salary Ordinance for Magistrate Officials dated September 3, 2013. The payment of contributions to the St. Gallen Pension Fund and their allocation between the employer and the magistrate official shall be made in accordance with the provisions of the Pension Fund Regulations of the St. Gallen Pension Fund.

2. The continuation of salary payment is reduced to the extent that it, together with the income earned during the period of salary continuation, exceeds the salary provided under Para. 3 of the Salary Ordinance for Magistrate Officials dated September 3, 2013.

3. Income is considered to be earnings from dependent or independent employment as well as other income, such as compensation from membership in boards of directors or pensions.

1. Upon the termination of continued wage payments, the affiliation of the magistrate with the St. Gallen Pension Fund shall end.

2. Exceptions are as follows

a) The termination of affiliation upon the departure from office, if no continued wage payment is made;

b) The continuation of affiliation if the magistrate

1. remains in an employment relationship with an employer associated pursuant to Article 2 of the Law on the St. Gallen Pension Fund dated June 9, 2013;

2. has reached the age of 56 upon termination of continued wage payments or at the time under Paragraph 2, letter a of this provision, and requests continued coverage under the insurance in accordance with the appropriate application of the provisions on unpaid leave. The applicable salary is considered the continued wage payment pursuant to Article 3 of this decree. The magistrate shall assume both employee and employer contributions.

1. The acquired rights of magistrates active on December 31, 2013, are preserved in accordance with the pension scheme as per the Ordinance on the Insurance Fund for State Personnel dated September 5, 1989, in accordance with the provisions set out below.

2. As of January 1, 2014, they are equated with the insured employees according to Article 3 of the Law on the St. Gallen Pension Fund dated June 9, 2013.

3. The vested benefits entitled to them under the pension scheme as per the Ordinance on the Insurance Fund for State Personnel dated September 5, 1989, are calculated based on Article 17 of the Federal Law on the Vesting of Occupational Old Age, Survivors', and Invalidity Benefits dated December 17, 1993. The purchase amounts guaranteed by the state pursuant to Article 83bis Paragraph 3 and Article 83ter Paragraph 1 of the Ordinance on the Insurance Fund for State Personnel dated September 5, 1989, are not considered.

1. The St. Gall Pension Fund determines, upon withdrawal from the St. Gall Pension Fund or upon the emergence of an entitlement to pension benefits

a) the amount of the vested benefits or pension benefits in accordance with the provisions of its pension regulations;

b) the amount of the vested benefits pursuant to Art. 17 of the Federal Act on the Vesting of Occupational Old Age, Survivors' and Invalidity Benefits of December 17, 1993[11] or the pension benefits in accordance with the Ordinance on the Pension Fund for State Personnel of September 5, 1989[12]. The following are taken into account

1. the purchase sums guaranteed by the state pursuant to Art. 83bis para. 3 and 83ter para. 1 of the Ordinance on the Pension Fund for State Personnel of September 5, 1989[13];

2. purchases and capital withdrawals made in the St. Gall Pension Fund after January 1, 2014.

2. The departing magistrate decides whether they wish to claim the benefit according to para. 1 lit. a or para. 1 lit. b.

3. The canton forwards any difference in vested benefits or the required cover capital to the St. Gall Pension Fund.

1. Former magistrates or their entitled dependents who, as of December 31, 2013, receive pensions in accordance with the retirement salary regulations pursuant to the Ordinance on the Insurance Fund for State Personnel dated September 5, 1989, are, with effect from January 1, 2014, equated to the pension-receiving employees under Article 3 of the St. Gallen Pension Fund Act of June 9, 2013.