Decree on Early Retirement and Compensation in the Event of Non-Re-election (DvPEN) - Principle (DvPEN)

1. This decree regulates the conditions, benefits, responsibilities, and financing of early retirement and compensation in cases of non-reelection.

2. It is applicable to employees according to § 3 sections 1 and 2 of the Personnel Act (PersG) as well as teachers according to § 1 of the Teaching Staff Act (GAL).

3. For the full-time members of the courts and the personnel groups pursuant to § 22 section 1 letter e of the Decree on the Salaries of Cantonal Personnel (Salary Decree) of November 30, 1999, this decree applies correspondingly.

1. Employees may be fully or partially retired from the age of 60

a) by mutual agreement,

b) by the employer.

1. Early retirement by mutual agreement can occur if there is a shared interest between the employer and the employee in the premature termination of the employment relationship, and the employee's reduction in performance is not due to a lack of willingness to perform.

2. The conclusion of the agreement is preceded by the decision of the competent authority regarding financial participation in accordance with §§ 6 and 7.

1. An employer-initiated early retirement can occur if the position in question is abolished or due to a lack of suitability resulting from significantly changed requirements for the position held by the employee.

2. Prior to this, the employee must be offered, if possible, another reasonable position that corresponds to their abilities and experience.

3. The employer-initiated early retirement occurs in compliance with the notice period, after the competent authority has given its consent according to §§ 6 and 7 regarding early retirement.

4. An employer-initiated early retirement is excluded for civil servants according to § 3 paragraph 2 PersG, as well as for members of the courts elected by the public, the Great Council, or the Executive Council.

1. To ensure a consistent and legally uniform application of the decree, the opinion of the department responsible for personnel must be obtained before deciding on participation in early retirement.

1. For employees of the departments and the State Chancellery, as well as for teachers at cantonal schools, the government council decides, upon the request of the respective department or the State Chancellery, on early retirement by the employer or on financial participation in early retirement by mutual agreement.

2. For civil servants pursuant to § 3 Para. 2 of the Personnel Act (PersG), the government council decides, upon the request of the respective department or the State Chancellery, on financial participation in early retirement by mutual agreement.

3. For teachers at kindergartens as well as at primary schools, the government council decides, upon the request of the Department of Education, Culture and Sports, on early retirement by the employer or on financial participation in early retirement by mutual agreement.

1. For employees of the courts and the General Secretariat of Justice, the justice administration decides, upon application by the appointing authority, on early retirement by the employer or on financial participation in early retirement by mutual agreement.

2. For members of the courts elected by the public, the Grand Council, or the Executive Council, the committee pursuant to § 12c decides, upon application by the justice administration, on financial participation in early retirement by mutual agreement.

1. The Reduction of Retirement Benefits of the Aargau Pension Fund (APK) due to Early Retirement is Offset as Follows

a) Up to 100% with a minimum of 15 Years of Service,

b) Up to 75% with 7 to 14 Years of Service,

c) Up to 50% with 4 to 6 Years of Service.

2. In Cases of Early Retirement by Mutual Agreement, the Financial Participation Shall be Determined Within this Framework According to the Employer's Interests, the Employee's Performance and Conduct until Evident Decline in Performance, as well as Their Personal Circumstances. The Government Council Shall Issue the Corresponding Implementing Provisions.

3. The APK Shall Calculate the Amount Required to Offset the Reduction Based on Actuarial Principles.

1. Employees shall receive an additional AHV bridging pension.

2. The amount of this pension is limited to the amount of the simple retirement pension of the Old Age and Survivors' Insurance (AHV) as it would have been calculated with unchanged income until reaching the regular AHV retirement age. Within this limitation, it complies with the criteria according to § 8.

3. The bridging pension is granted until the month in which the employees become entitled to a regular AHV pension.

1. The old-age pension calculated by the APK, considering the compensation amount pursuant to § 8 (including the pension conversion value of the withdrawn retirement capital) and the bridging pension together may not exceed 90% of the previous gross salary.

1. The disbursement of benefits is carried out by the APK. It is to be compensated for this.

2. The full funding of the compensation for the reduction of the regular APK old-age pension and the bridging pension are reimbursed to the APK by the canton.

3. The distribution of costs between the canton and municipalities for teachers at kindergartens and primary schools is governed by the Decree on the Participation of Municipalities in the Personnel Expenses of Primary Schools and Kindergartens (Municipal Participation Decree, GbD) dated February 22, 2005.

1. Employees who have retired early are obliged to notify the APK if they take up a new employment before reaching the regular retirement age.

2. If the new annual income combined with the benefits received exceeds the gross salary earned before retirement, the AHV bridging pension funded by the canton, according to this decree, must be correspondingly reduced by the APK.

1. Anyone who, despite candidacy, is not re-elected to a principal office by the public or the Grand Council will continue to receive their salary for an additional six months if the term ends before this period elapses. This period begins on the first day of the month following the announcement of the election results.

2. Upon retirement or obtaining alternative earned income, the entitlement to continued salary payments ceases, or it is proportionally reduced by the amount of the alternative earned income obtained.

1. An individual who is not re-elected to a principal office by the public or the Grand Council despite candidacy may be compensated by up to one year's salary, taking special consideration of age, years of service, and the circumstances of not being re-elected.

2. An individual who is not re-elected to a principal office by the public or the Grand Council despite candidacy may, by mutual agreement and under the conditions of this decree, be eligible for early retirement. Additional compensation as per paragraph 1 is thereby excluded.

1. Concerning the additional compensation or early retirement by mutual agreement in the event of non-reelection, the decision is made under the chair of the President of the Grand Council's Committee on Planning and Finance (KAPF), by the President of the Grand Council's Committee for Justice (JUS), the President of the Higher Court, and the Heads of the Departments of Finance and Resources as well as Economics and Internal Affairs.

2. The application for additional compensation or early retirement must be submitted by the affected person to the responsible department or the justice administration. These forward the application with a decision recommendation to the decision-making body according to paragraph 1.

1. The benefits promised under the Decree on the Transfer of Employees to Early Retirement for the Implementation of Staff Reductions dated November 23, 2004, shall continue to be provided in accordance with the provisions contained therein.

1. This Decree shall be published in the official register of laws. The government council shall determine the date of its entry into force.