Act on the salary and occupational pension of State Councillors, Prefects and Cantonal Judges (LTCE) - Definitions (GSRG)

1. As magistrates of the state (magistrate persons) within the meaning of this law, the Councillors of State (the State Councillors), the judges at the Cantonal Court (the Cantonal Judges), as well as the Prefects (the Prefects), are considered.

1. Surviving registered partners have the same legal status as the surviving spouse.

1. The Functional Salary (the Salary) of the State Councillors corresponds to 130% of the maximum salary on the general salary scale, increased by the 13th month's salary.

2. The President of the State Council receives an annual allowance of 5000 francs.

3. The State Council periodically sets the flat-rate representation and travel compensations for its members.

1. The salary of the senior administrative officers corresponds to the amount set in Level 4, Step 12 of the special salary scale for state personnel, increased by the 13th-month salary.

2. The State Council periodically determines the flat-rate representation and travel allowances for the senior administrative officers.

1. The salary of the cantonal judges corresponds to the amount set at Class 4, Level 12 of the special salary scale, increased by the 13th month's salary.

2. The president of the cantonal court receives an annual allowance of 3,000 francs.

1. The salaries of magistrates are adjusted in the same proportion to inflation and the development of real wages as the salaries of state personnel; Articles 91-93 of the regulations of December 17, 2002, concerning state personnel apply accordingly.

2. In the event of a change in salary scales, the salaries of magistrates are automatically classified into the categories and levels corresponding to their previous salary.

3. Magistrates are entitled to employer allowances for children as provided for in the state personnel legislation.

1. Officials who represent the state or other cantonal interests on boards of directors, boards of trustees, or other executive bodies of legal entities under private or public law are obligated to fully reimburse the state for the amount of compensation they receive for such roles (fixed fees, meeting allowances, and other monetary benefits or advantages in the form of participation).

2. However, expenses (such as travel allowances, meal allowances, accommodation, and material related to the performance of official duties) are exempt from the reimbursement obligation.

1. In the event of illness or accident, magistrates are entitled to salary guarantee for 730 days according to the modalities provided for state personnel. Magistrates contribute to the funding of this salary guarantee to the same extent as state personnel. Furthermore, the provisions of the UVG apply.

2. The entitlement to a pension payment begins upon the expiration of the entitlement to benefits pursuant to paragraph 1.

1. The State Councillors and District Officers are insured with the Pension Fund of State Personnel.

1. Retiring or not re-elected State Councilors and Senior Officials who do not benefit from a transitional allowance pursuant to Article 22c are entitled to receive an annual salary as severance compensation.

2. The compensation is paid in the form of a pension divided over twelve months, on which social insurance contributions are levied.

3. Article 22d applies for coordination.

4. Individuals receiving severance compensation remain insured with the State Personnel Pension Fund. The Pension Fund will pay them, at the end of their affiliation, the benefits owed in accordance with the legislation on occupational old-age, survivors', and disability pension schemes.

1. State Councillors and Chief Administrative Officers who resign or are not re-elected after the age of 55 and have served 5 or more years in office are entitled to a transitional allowance until they reach the retirement age for the Old-Age and Survivors Insurance (AHV). This allowance amounts to 6% of the last salary per year for the first year in office and increases by the same percentage up to and including the fifth year; from the sixth to the tenth year in office, it increases by 4% per year, and from the eleventh year onward, it increases by an additional 2% for each completed year in office, up to a maximum of 60% of the last salary.

2. Each commenced year in office is considered a full year.

3. The transitional allowance is considered as salary. Consequently, social insurance contributions are levied on it.

4. In case of disability, benefits from disability insurance (pensions and daily allowances), other social insurances, or an occupational pension scheme are deducted from the amount of the transitional allowance.

5. The State Councillors and Chief Administrative Officers affected by this provision may choose compensation under Article 22b instead of a transitional allowance.

1. The transitional benefit is coordinated with income from gainful employment, including compensation as a member of an authority, from a pension, disability, or survivor's pension from a pension institution or public corporation, from an AHV pension, from an IV pension, or from a pension from another social insurance; excluded from coordination are pension incomes from the 3rd pillar.

2. The coordination consists of a corresponding reduction of the transitional benefit if, together with any of the income sources listed in paragraph 1, it exceeds 100% of the most recently received indexed salary as a State Councilor or Chief Magistrate.

1. State Councillors and District Governors who opt for the transitional benefit according to Article 22c shall remain insured with the State Personnel Pension Fund.

2. The contributions for this affiliation are calculated based on the transitional benefit amount, after deducting the coordination amount determined according to the Pension Fund regulations. These contributions are borne by the respective State Councillor or District Governor and by the State, in accordance with the provisions regarding the determination of the employer's and employee's contribution shares in the State Personnel Pension Fund Act, which apply mutatis mutandis.

3. In the event of a contingency, the insurance benefits shall be paid out in accordance with the provisions issued by this institution.

1. If the transitional benefit is entirely reduced due to coordination during two consecutive years, the entitlement to this benefit ceases, and the affiliation with the state personnel pension fund concludes.

1. The cumulative transitional allowance as a former State Councilor and former Senior District Officer shall not exceed 60% of the last salary.

1. Transitional benefits are adjusted according to the provisions of the Law on the Pension Fund for State Personnel, which apply mutatis mutandis, to the national consumer price index.

1. The administration and disbursement of transitional benefits, as well as the payment of the state's contribution share for the State Councillors and Chief Administrative Officers to the State Personnel Pension Fund, are the responsibilities of the office in charge of personnel management.

2. Beneficiaries of the benefits granted under this law must provide the required information and submit all requested documents to the office responsible for personnel management; otherwise, their entitlement to benefits will cease.

3. The office responsible for direct taxes shall, upon request, disclose to the personnel management office the income data of the beneficiaries, while compliance with data protection regulations must be ensured.

1. Cantonal judges are insured with the state personnel pension fund under the pension scheme provisions.

1. The Law of October 16, 2001, on the Organization of the Council of State and Administration (SVOG; SGF 122.0.1) is amended as follows

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1. Repealed are

a) the Law of 26 November 1965 on the Salaries and Pensions of State Councillors and Cantonal Judges (SGF 122.1.3);

b) the Law of 25 September 1981 on the Salaries and Pensions of Prefects (SGF 122.3.2).

1. The magistrates who are already retired at the time of the law's entry into force shall remain subject to the provisions that were in effect prior to the entry into force.

1. State Councillors and Senior District Officers who are already in office at the time this law comes into effect shall remain subject to the provisions that were applicable before the effective date of this law until the end of the current legislative period. However, Articles 7, 12, and 18 of this law shall apply to them from the effective date.

2. From the next legislative period, i.e., from January 1, 2007, the State Councillors and Senior District Officers referred to in paragraph 1 shall be subject to this law. However, any pension entitlements they have acquired under the old law by that time are guaranteed to them.

3. As of January 1, 2007, the portion of the severance benefits that the State Councillors have accumulated with their pension fund contributions since taking office shall be paid to the state. Any remaining balance shall be invested in another recognized form of pension according to the Swiss Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans (BVG), for the benefit of the State Councillors.

4. As of January 1, 2007, the entire severance benefits shall be due to the Senior District Officers and paid to them.

1. The cantonal judges who were already in office at the time of the law's commencement shall continue to be governed by the provisions that applied before the law took effect; the following paragraphs remain reserved.

2. Their salary as of January 1, 2007, corresponds to the amount set in grade 4, level 9 of the special salary scale, increased by the 13th-month salary.

3. As of January 1, 2007, the portion of the severance benefit that the cantonal judges have accumulated with their pension fund contributions since taking office shall be paid to the state. Any remaining amount will be deposited in favor of the cantonal judges into another recognized form of pension provision in accordance with the BVG.

4. However, Articles 7 and 12 of this law shall apply to them from the effective date. As of January 1, 2007, Articles 10 paragraphs 1 and 2, 11 paragraph 3, 13, and 20 shall also apply to them.

5. Article 6 of this law, with the amendment according to the law of October 4, 2016, shall apply to all cantonal judges from the effective date of this amendment.

1. The State Councillors and Chief Administrative Officers who were already retired or in office before the reconstitution of the State Council following the general renewal elections of 2021 are subject to the provisions that were applicable before the amendment of this law came into force on March 23, 2021. Articles 26 and 27 remain reserved.

1. Article 22i Paragraphs 2 and 3, as amended by the Act of March 23, 2021, applies to all persons who are entitled to benefits under this Act.

1. The State Council determines the entry into force of this law.