1. État, peuple, "Authorities" 10. Constitution and Other Fundamental Acts

This agreement governs, in the field of social affairs, the financial, administrative, and legal issues as well as the competence of the authorities in relation to the transfer of the municipal commune of Moutier (hereinafter: "the commune of Moutier") to the Republic and Canton of Jura (hereinafter: "the canton of Jura"), particularly concerning social assistance, maintenance contributions, and care vouchers.

Within the framework of performing tasks related to social affairs and their financial consequences, the cantons of Bern and Jura apply the principle of congruence as defined by the standards of the Swiss Conference of Social Welfare Institutions.

1. As of January 1, 2026, the Bern Office of Integration and Social Action shall be the competent authority in matters of social affairs, replacing the municipality of Moutier and the Regional Social Service of the Prévôté as the social authority for handling procedures prior to January 1, 2026, and pending as of that date, unless otherwise specified.

2. The Directorate of Health, Social Affairs, and Integration shall rule on appeals filed against decisions made by the Bern Office of Integration and Social Action based on this agreement.

1 The municipality of Moutier participates in the cost compensation of the canton of Bern for the year 2025. The settlement is carried out in 2026 in accordance with Bernese law.

2 The legal remedies are governed by this same law.

1. If the municipality of Moutier provides material social assistance benefits between January 1 and June 30, 2026, which, according to the principle of congruence, concern the period before January 1, 2026, these benefits are covered half by the canton of Bern.

2. The municipality of Moutier shall present an accounting of these social assistance benefits to the canton of Bern by September 30, 2026, at the latest.

3. The canton of Bern shall settle the balance of the account with the municipality of Moutier by December 31, 2026.

1 Included as reimbursements of social assistance within the meaning of this agreement are all incomes considered as municipal incomes within the framework of expense compensation for the social sector of the canton of Bern.

2 The municipality of Moutier, the Social Action Service of the canton of Jura, and the Jura Regional Social Services regularly examine whether circumstances suggest that the conditions for reimbursement under Bernese law for material social assistance benefits granted by the municipality of Moutier before January 1, 2026, are met.

3 In the presence of circumstances according to paragraph 2 between January 1, 2026, and December 31, 2029, the municipality of Moutier and the Jura Regional Social Services inform the Bern Office for Integration and Social Action within 30 days after becoming aware of it and provide all necessary documents and data to request reimbursement.

4 The Bern Office for Integration and Social Action is competent to demand the reimbursement of these material social assistance benefits.

5 The canton of Bern is entitled to all incomes derived from these reimbursements.

6 On December 31, 2025, the municipality of Moutier transfers all certificates of insolvency related to social assistance benefits it has paid to the canton of Bern.

7 The obligation of reimbursement and legal remedies remain governed by Bernese legislation for material social assistance benefits granted by the municipality of Moutier before January 1, 2026.

1 The municipality of Moutier shall transmit to the Bernese Office for Integration and Social Action complete extracts of the individual accounts of all persons to whom it has disbursed material social assistance benefits during the period from January 1, 2015, to December 31, 2025, by December 31, 2025.

2 The extracts of the individual accounts must include all necessary information for the reimbursement of these benefits, namely

a) the identity data of the person concerned;

b) information regarding the entire assistance unit;

c) income and expenses expressed in Swiss francs, subdivided into categories of expenses and income, by periods of use (month and year);

d) advanced maintenance contributions;

e) information on the periods during which social action programs were attended;

f) information on the periods during which institutional stays occurred;

g) the distinction between benefits subject to reimbursement and benefits not subject to reimbursement.

1 As of December 31, 2025, the municipality of Moutier transfers to the canton of Bern the right to reimbursement under Bernese law for maintenance contributions advanced by it before January 1, 2026, as well as all the rights attached thereto.

2 The municipality of Moutier also transfers to the canton of Bern all bankruptcy certificates related to these maintenance contributions.

3 It shall deliver all bankruptcy certificates to the Bernese Office for Integration and Social Action on January 1, 2026.

1 The competent authority of the canton of Jura regularly examines whether circumstances suggest that the conditions for reimbursement, pursuant to Bernese law, regarding maintenance contributions advanced by the commune of Moutier for the period prior to January 1, 2026, are met.

2 In the presence of circumstances according to paragraph 1, between January 1, 2026, and December 31, 2029, the competent authority of the canton of Jura must inform the Bernese Office for Integration and Social Action within 30 days of becoming aware and provide it with all necessary documents and data to request their reimbursement.

3 The Bernese Office for Integration and Social Action is responsible for demanding reimbursement from the debtor for maintenance contributions advanced by the commune of Moutier before January 1, 2026.

4 The canton of Berne is entitled to the entirety of the income from reimbursements of maintenance contributions advanced for the period prior to January 1, 2026.

5 The obligation of reimbursement and legal recourse are governed by Bernese legislation.

1. The municipality of Moutier shall provide the Bernese Office for Integration and Social Action with all necessary information by December 31, 2025, to request reimbursement from the concerned individuals for advances related to maintenance contributions paid before January 1, 2026.

2. It shall submit to the Bernese Office for Integration and Social Action by December 31, 2025, all documents referred to in Article 4 of the Bernese Ordinance of October 29, 2014, on the Recovery Assistance and Advance of Maintenance Contributions.

1 The Municipality of Moutier shall make the necessary corrections to the childcare vouchers it granted for the years prior to January 1, 2026, in accordance with Bernese law. The legal recourses against the decisions rendered are governed by this law.

2 To this end, it shall have the necessary read and write access rights in the kiBon management system, including rights to access personal and highly sensitive data worthy of protection, no later than May 31, 2027.

3 It shall establish by November 30, 2026, a statement of corrections according to paragraph 1 (expenses and income). If the balance of this statement is negative, the Canton of Bern shall bear 80% of it. If it is positive, the Canton of Bern is entitled to 80% of it.

4 The Canton of Bern shall pay 80% of a negative balance according to paragraph 3 by December 31, 2026, to the Municipality of Moutier. Alternatively, the latter shall pay 80% of a positive balance according to paragraph 3 by December 31, 2026, to the Canton of Bern.

**1** The Canton of Bern may consult all necessary documents from the Municipality of Moutier, or even from the Canton of Jura, for the purpose of claiming reimbursement of social assistance benefits and advances on maintenance contributions, as well as for the accounting of childcare vouchers, including when these documents contain particularly sensitive personal data, for a period of ten years from January 1, 2026. The documents will remain archived in the Canton of Jura.

**2** If necessary, the Canton of Jura is obliged to provide the Canton of Bern with the original documents unless this would result in a disproportionate activity for the service concerned.

1 Subject to paragraph 2, this agreement enters into force on January 1, 2026.

2 Article 10 of this agreement enters into force immediately.