Ordinance on the Retirement Conditions of Police Force Officers - Civil Servants with Police Authority

1. The status of officers with police powers within the meaning of this regulation is granted to

a) the police officers as defined in Article 8 para. 1 letter a of the Act of November 15, 1990, on the Cantonal Police[1];

b) the police security assistants who are armed under Article 4 of the Regulation of October 31, 2023, on the Auxiliary Police Officers of the Cantonal Police[2], as well as their supervisors, except other police security assistants whose armament can be authorized by the commander according to Article 4 para. 2 of the said regulation[3];

b1) the specialized officers of the judicial police who are armed under Article 7 of the Regulation of October 31, 2023, on the Auxiliary Police Officers of the Cantonal Police[4], except other specialized officers of the judicial police whose armament can be authorized by the commander pursuant to Article 7 para. 2 of the said regulation[5];

c) the staff of the Fribourg Penal Institution, who are tasked with the supervision and care of the inmates in accordance with Article 32 para. 2 of the Act of October 7, 2016, on the Execution of Sentences and Measures[6];

d) the gamekeepers-fishery wardens as defined in Articles 27 et seq. of the Regulation of October 9, 2023, on the Supervision of Wildlife and Plant Life and on Hunting and Fishing (Supervision Regulation)[7].

1. The status of an officer with police authority entitles the individual to retirement benefits as defined in these regulations.

2. The employment contracts of officers with police authority shall specify the benefits to which they are entitled under these regulations, as well as the retirement age determined pursuant to Article 3.

3. Upon losing the status of an officer with police authority, the entitlement to retirement benefits as defined in these regulations automatically ceases without compensation.

1. The maximum age for retirement of officers with police authority, who were employed from January 1, 2019, and do not benefit from the transitional measures as defined in Article 29c PKG, is set at 62 years.

2. The maximum age for retirement of officers with police authority, who were employed before December 31, 2018, are not yet 45 years old as of January 1, 2022, and do not benefit from the transitional measures as defined in Article 29c PKG, is set at 62 years.

3. The maximum age for retirement of officers with police authority, who were employed before December 31, 2018, are older than 45 years as of January 1, 2022, and benefit from the transitional measures as defined in Article 29c PKG, is set at 60 years.

4. The maximum age for retirement of holders of the position Chief Prison Escort and Prison Escort, who were employed before December 31, 2018, are older than 45 years as of January 1, 2022, and benefit from the transitional measures as defined in Article 29c PKG, is now set at 62 instead of the previous 65 years.

5. Beginning the month following the month in which the officers with police authority reach the maximum retirement age according to paragraphs 1-4, the employment relationship is legally terminated.

1. Civil servants with police powers have the right to voluntarily retire between the ages of 58 and the mandatory retirement age applicable to them as per Article 3, paragraphs 1-4.

2. In the case of voluntary retirement between the ages of 58 and 60, partial retirement is not possible.

3. For voluntary retirement between the ages of 60 and 62, Article 37 of the Regulations on State Personnel (StPR) dated December 17, 2002, is decisive.

1. Civil servants with police authority receive a financial contribution from their employer, the State, to compensate for the actuarial reduction of the conversion rate according to the technical annexes of the RPP between the standard retirement age of 65 years as per StPG and the maximum retirement age of 62 years.

2. The financial contribution consists of

a) an 85% participation in the necessary capital to compensate for the reduction of the conversion rate between 65 years and the maximum retirement age of 62 years;

b) an additional capital amounting to 10% of the maximum basic AHV pension between 62 and 65 years.

3. In case of voluntary retirement before reaching the age of 60, the state's financial contribution automatically ceases and will not be compensated.

4. In the event of an interruption in service of less than 10 years followed by re-employment as a civil servant with police authority, the financial contribution remains guaranteed.

5. For civil servants with police authority who have served less than thirteen years at the maximum retirement age, the financial contribution is calculated progressively and proportionally (1/13 per year).

6. The financial contribution from the employer, the State, is transferred to the PKSPF at the time of the civil servant’s retirement with police authority by the appointing authority, which includes the corresponding expenses in its regular budget.

1. The total capital required to compensate for the conversion rate reduction is calculated by the Pension Fund for State Personnel (PKSPF) using the following formula

Capital = Retirement savings x (Conversion rate at age 65 - Conversion rate at maximum age) / (Conversion rate at maximum age)

2. Not included in the retirement savings are particularly purchases, early withdrawals, and repayments for home ownership promotion or following a divorce made during the entire duration of the PKSPF membership.

3. The vested benefits from another pension institution dating before the employment with the state are adopted unchanged by the PKSPF.

4. In the case of re-employment according to Article 5, para. 4, the new retirement savings considered corresponds to the vested benefits at the time of re-employment.

5. The conversion rate considered is the one applicable at the time of retirement according to the technical annexes of the RPP.

1. The supplementary capital corresponds to 10% of the maximum simple AHV pension between the ages of 62 and 65 and is calculated by the Pension Fund for State Personnel (PKSPF) using the following formula

Capital = (maximum simple AHV pension / 100 x 10) x 36 months x average employment rate.

2. The capital is calculated in relation to the average employment rate during the last seven years of service of the civil servant in state service. However, if the calculation based on the last 13 years is more advantageous for the employee, then those years will be considered.

3. The calculation is based on the maximum simple AHV pension applicable at the time of retirement of the civil servant with police powers.

1. The civil servant with police powers can, while they are affiliated with the PKSPF, compensate for the portion of the actuarial conversion rate reduction that is not financed by the employer, by applying the technical annexes of the RPP concerning purchases.

1. Reimbursement of the AHV advance granted by the PKSPF pursuant to Article 45 RPP is financed by the state up to the amount of 90% of the maximum AHV pension.

1. In the event of voluntary retirement between the ages of 58 and the maximum retirement age of 62, the state contributes to the financing of the reimbursement of the AHV supplement provided by the PKSPF in accordance with Article 45 RPP. The conditions for this participation are regulated in Article 37, paragraphs 2 and 3 of the StPR.

2. The contribution to the reimbursement of the AHV supplement amounts to 90% of the maximum AHV pension. This amount is reduced proportionally to the number of months the person is short of reaching the age of 60 at the time of taking voluntary retirement.

1. The reimbursement of the AHV advance granted by the PKSPF in application of Article 45 RPP is financed by the state up to the amount of 100% of the maximum AHV pension.

1. In the case of voluntary retirement between the ages of 58 and the maximum retirement age of 60, the state contributes to the financing of the repayment of the AHV advance provided by the PKSPF pursuant to Article 45 RPP. The conditions of this contribution are regulated in Article 37 paragraphs 2 and 3 StPR.

2. The contribution to the repayment of the AHV advance amounts to 90% of the maximum AHV pension. This amount is proportionally reduced by the number of months the individual is short of reaching the age of 60 at the time of entering voluntary retirement.