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165.321 APKVvP CH-AG

Ordinance on Early Retirement (VvP) - Agreement (APK)

8 Articles / Provisions · Switzerland · Canton of Aargau
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Table of Provisions (8)

Statutory Text (8 Articles)

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1. If the appointing authority and the employee reach an agreement on the specific details to be requested regarding an early retirement, these details shall be recorded in a written agreement signed by both parties.

2. In addition to identifying the parties, this agreement shall contain the following information in particular

1. the planned date of termination of employment or the intended steps towards retirement,

2. the amount of the lump-sum payment to the Aargau Pension Fund (APK) in favor of the insured person, with a reservation for potential changes in the applicable calculation bases (e.g., change in marital status) before early retirement,

3. the arrangement of any outstanding vacation entitlement, flextime balance, or overtime credits.

3. It must be noted in the agreement that it shall only take effect upon approval of the early retirement application by the competent authority.

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1. For the members of the courts according to § 7 para. 2 DvPEN, the judiciary administration assumes the duties of the appointing authority and the Canton of Aargau those of the employer.

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1. The employer participates in offsetting the reduction of benefits according to the extent of their interest in the continued employment of the employee.

2. If the interest in continued employment is low, the employer participates up to the maximum of the framework determined by the Great Council in offsetting the reduction of benefits. With moderate interest, they offset a maximum of 60% of this framework.

3. They take into account the performance and conduct of the last five years. The primary basis is employee evaluations or, in the case of teachers, evaluations by school leaders. For individuals without regular evaluations of performance and conduct, the immediate superior or, if none is designated, the supervisory authority, shall provide a corresponding evaluation. Employees with good to very good evaluations can achieve the respective maximum.

4. When offsetting benefit reductions, the employer also considers personal circumstances, particularly any occupational health impairments, and the employability of the employees.

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**1. The criteria for assessing the employer's contribution to compensating the reductions in retirement benefits must be evaluated by the appointing authority in a comprehensive assessment.**

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1. In the context of processing early retirements, the provisions of the Pension Regulations and the Core Plan of the Aargau Pension Fund (APK) must be taken into account.

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1. The appointing authority, in collaboration with the department responsible for personnel, shall ensure that the employee is informed of the further financial implications of a potential early retirement, such as taxes or social security contributions, before entering into an agreement.

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1. The canton reimburses the APK for its share in the financing of the compensation for the reduction of the regular APK retirement pension and the bridging pension at the point of early retirement.

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1. This regulation is to be published in the official legal collection. It comes into force on January 1, 2011.

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