Act on Occupational Pension Schemes for Magistrates - Scope of Application

1. This Act regulates the organization of occupational pensions for magistrates of the executive, judiciary, and public prosecution.

2. Magistrates as referred to in paragraph 1 include the members of the Council of State and the Cantonal Court, the State Chancellor, the Public Prosecutors, the deputy prosecutors, the juvenile judges, the district judges, the coercive measures judges, as well as the judges responsible for penal and enforcement measures.

1. The compensation pursuant to Article 3c paragraph 5 is determined based on the last annual salary (including the 13th month's salary) using the following calculation elements

| Age at Commencement of Office | Rate for Men | Rate for Women |

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

| Up to 34 years | 16% | 15% |

| From 35 to 39 years | 20% | 19% |

| From 40 to 44 years | 25% | 24% |

| From 45 to 49 years | 32% | 30% |

| From 50 to 54 years | 40% | 38% |

| From 55 to 59 years | 50% | 47.5% |

| 60 years and above | 62% | 60% |

2. The calculated amount shall be multiplied by the following scale, taking into account the fraction of a year prorated on a temporal basis

| Year of Office | Coefficient |

| --- | --- |

| 1 | 1.00 |

| 2 | 2.05 |

| 3 | 3.25 |

| 4 | 4.50 |

| 5 | 5.90 |

| 6 | 7.50 |

| 7 | 9.10 |

| 8 | 10.80 |

1. Pensions in effect upon the commencement of the present amendment are subject to the previous provisions and are guaranteed as vested rights.

2. The withdrawal benefits acquired on the day prior to the commencement of the present amendment are also guaranteed.

3. The present amendment, subject to transitional provisions, repeals all provisions that are in contradiction with it.

1. The magistrates of the judiciary and the public prosecutor's office, as well as the state chancellor, are affiliated with the PKWAL and subject to its regulations.

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1. The relevant annual salary of magistrates paid on a monthly basis consists of the base salary and any potential experience-related components. The 13th month's salary and any potential bonuses are not insured.

2. The relevant annual salary of magistrates not paid on a monthly basis consists of the gross salary paid. The 13th month's salary and any potential bonuses are not insured.

1. The insured salary corresponds to the relevant salary minus a coordination amount.

2. The coordination amount corresponds to 15 percent of the relevant salary.

3. The insured salary serves as the basis for determining the contributions and benefits. For magistrates not paid on a monthly basis, the contributions are calculated based on the paid gross salary minus a coordination amount of 15 percent. For the latter, the insured annual salary corresponds to the accumulation of the paid gross salaries for the last 12 months, minus the coordination factor. This provision is applied analogously to the variable components of the salary.

4. The insured salary is adjusted with each change to the relevant salary.

5. The State Council enacts the necessary implementing provisions by regulation.

1. The reference retirement age for all magistrates corresponds to the statutory AHV retirement age.

1. Magistrates are afforded the option of a flexible retirement age between 58 and 70 years.

2. Upon reaching the statutory AHV retirement age, analogous to the provisions applicable to the cantonal administration staff, the consent of the competent authority is required.

1. Employer Contributions for Retirement Benefits, Risk Insurance, and Administrative Costs

The employer contributions for retirement benefits, risk insurance, and covering the administrative costs of PKWAL collectively amount to a minimum of 12 percent and a maximum of 14.5 percent of the insurable salary sum. Their amount is determined based on 57 percent of the contribution financing by the State of Valais, the risk structure, and the age structure of the insured individuals, the long-term return prospects, changes to the technical interest rate and conversion rate, as well as the economic condition of the State of Valais.

2. Choice of Savings Models for OPK Insured Individuals

The insured individuals of OPK are provided with the opportunity to choose from at least three different savings models. By making higher savings contributions, they can enhance their retirement credits. The additional savings contributions are exclusively the responsibility of the employee.

1. The members of the Council of State elected from January 1, 2015, onwards are affiliated with the PKWAL and subject to its provisions.

2. The members of the Council of State elected before January 1, 2015, remain subject to the Pension Regulations in accordance with the Regulation for a Pension Scheme for Magistrates of the Executive, the Judiciary, and the Public Prosecution Service dated March 30, 1979 (hereinafter referred to as the Regulation of March 30, 1979), subject to the provisions of the present law and the corresponding ordinance. They remain affiliated there for all of their mandates in the Council of State.

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1. The Pension Ordinance is a specific regulation incorporated into the accounts of the State of Valais, which is not subject to the federal provisions on occupational pensions nor to the supervisory authorities responsible for this area.

1. The participation of the magistrates is recorded as revenue in the accounts of the State of Valais.

2. The amounts necessary for the payment of benefits (pension, compensations) are deducted from the account of the State of Valais and constitute an expense.

1. A coordination amount equivalent to the maximum simple retirement pension of the AHV is applied.

2. The contribution rate for magistrates is set at 9.6 percent.

3. Magistrates who leave their office due to resignation or retirement are entitled to a pension, provided they have served at least eight years in office.

4. In the event of resignation or non-re-election before the age of 58, the pension is reduced by two percent for each full or partial year between the age of the beneficiary at the commencement of the pension entitlement and the age of 58.

5. Departing magistrates without entitlement to a pension receive compensation calculated based on their annual salary (including the 13th month's salary), the age at the commencement of service, and the duration of the term in accordance with the appendix to this law. Fractions of a year are considered prorated. No vested benefits are granted.

1. The previous provisions shall remain applicable to pensions that were paid out at the time of this Act's entry into force.

1. The magistrates of the judiciary and the public prosecutor's office, as well as the state chancellor, who are already in office at the time this law comes into effect but have not yet reached the age of 50 or have not yet completed twelve years of service (cantonal judges) or sixteen years of service (other magistrates), shall be affiliated with the VPSW in accordance with Article 2 of this law.

2. The state shall transfer the vested benefits to the VPSW in accordance with Article 13 of the Regulations of March 30, 1979, and the federal legal provisions in the field of occupational pensions, and shall pay additional amounts to this fund for the purchase of insurance years in order to guarantee the provision of maximum benefits in the new pension system.

3. However, these additional contributions shall be reduced by the projected retirement savings up to the commencement of office according to the federal legislation in the field of occupational pensions.

1. For the state councilors who are in office at the time this law comes into effect, the application of the coordination amount for the calculation of benefits takes into account the insured salaries (previous and new) in relation to their actual duration of application.

2. On the other hand, the clause regarding pension reduction in the event of resignation or non-reelection before reaching the age of 58 does not apply.

1. The State Council issues, through ordinances and regulations and with the approval of the Great Council, the provisions governing the matters expressly delegated by this law, as well as those necessary for its implementation.

1. Any provisions that contradict the present text are deemed repealed.

2. The provisions of the regulations dated March 30, 1979, remain valid only insofar as they do not conflict with the present law and its ordinance.

1. This law is subject to an optional referendum.

2. This law shall enter into force on January 1, 2000.