Legislator Case Law & Legislation
180.131 OPTRPT CH-SH

Ordinance on the Granting of a Transition Pension upon Early Retirement from State Service (Transition Pension Ordinance, ÜRV) (Übergangsrentenverordnung, ÜRV) - Principle (OPT)

7 Articles / Provisions · Switzerland · Canton of Schaffhausen
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Table of Provisions (7)

Statutory Text (7 Articles)

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1. Persons who are in a public-law employment relationship with the canton and voluntarily leave public service or are retired before reaching the AHV reference age are entitled to a transitional pension in accordance with Article 39, paragraph 2 of the Personnel Act.

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1. The entitlement to a transitional pension exists upon completion of the 60th year of age, provided that the employment relationship has lasted uninterruptedly for at least five years prior to retirement.

2. The entitlement lapses upon receiving a full AHV (Swiss Old Age and Survivors' Insurance) or full IV (Invalidity Insurance) pension, but no later than upon reaching the AHV reference age. In the case of partial advance withdrawal of an AHV pension, receipt of a partial invalidity pension, or commencing employment that exceeds the minimum wage according to Art. 7 BVG (Swiss Occupational Pensions Act), the transitional pension is proportionally reduced. Such changes in income circumstances must be reported to the employer. Benefits that were wrongfully received must be repaid.

3. In the case of partial retirement, an entitlement exists only if the reduction is at least 40 percent of a full-time position. Reductions in the workload after reaching the age of 60 are aggregated.

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1. The transitional pension generally corresponds to 75% of the minimum basic annual AHV retirement pension for full employment.

2. For individuals with a gross annual salary of CHF 172,710.00 or more (calculated based on a 100% employment rate), the transitional pension corresponds to 50% of the minimum basic AHV retirement pension.

3. Individuals with a gross annual salary of less than CHF 71,886.00 (calculated based on a 100% employment rate) receive the following annual allowance

| Calculated Gross Annual Salary | Annual Allowance |

|--------------------------------|-------------------|

| CHF 52,234.00 | CHF 6,073.00 |

| CHF 52,235.00-CHF 57,092.00 | CHF 4,858.00 |

| CHF 57,093.00-CHF 61,951.00 | CHF 3,645.00 |

| CHF 61,952.00-CHF 66,809.00 | CHF 2,430.00 |

| CHF 66,810.00-CHF 71,669.00 | CHF 1,215.00 |

4. The amounts in Paragraphs 2 and 3 are adjusted analogously in the event of general salary adjustments pursuant to § 9 of the Salary Ordinance. The adjustments are updated in the ordinance accordingly.

5. Individuals receiving a transitional pension and who are subject to AHV contribution as non-employed persons receive a supplement amounting to 20% of the paid transitional pension. Any employment must be reported to the employer. Benefits that were unjustly received must be refunded.

6. In the case of retirement on a partial pension or for part-time employees, the corresponding fraction is provided. For total retirement, the average fraction over the last five years is considered. Reductions in the fraction after reaching the age of 60 are disregarded. During paid or unpaid leave, the employment rate immediately prior to the commencement of the leave is considered.

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1. The costs of transitional pensions are primarily to be borne by the canton.

2. For teachers at schools whose carriers are the municipalities, the transitional pension is to be covered by the affected municipality and the canton. The percentage share of the canton corresponds to its statutory contribution rate to teachers' salaries.

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1. The administration and accounting are entrusted to the Cantonal Pension Fund. The Executive Council shall regulate the specifics in an agreement with the Cantonal Pension Fund.

2. The disbursement of the transitional pension shall be carried out by the Cantonal Pension Fund.

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1. Upon the request of the employee, the present value of the proportional transitional pension shall be paid by the employer as a deposit into the employee's personal retirement savings account with the Cantonal Pension Fund, in accordance with Article 24 of the Pension Regulations of the Cantonal Pension Fund. The amount of this present value shall be calculated using the interest rate applied to the retirement savings of active insured members of the Cantonal Pension Fund.

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1. This regulation shall come into force on April 1, 2015. It shall be published in the Official Gazette and included in the cantonal legislative collection.

2. The benefits for early retirement shall be determined according to their previous regulations (based on the minimum basic AHV retirement pension)

a) if employees are already receiving a transitional pension at the time this regulation comes into force or if the early retirement becomes effective by December 31, 2016

b) for employees who fall under the social plan to the Relief Program 2014

3. Upon the entry into force of this regulation, the Transitional Pension Decree of September 18, 1995, shall be repealed (Art. 39 para. 4 in conjunction with Art. 47 para. 2 of the Personnel Act).

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