Decree on the employment relationship and occupational pension scheme of the Government Council of the Canton of Schaffhausen - Applicability of the Personnel Act

1. The Personnel Act shall apply mutatis mutandis to the members of the Government Council, insofar as it is compatible with their status and no special provisions exist.

2. Articles 22, 41, and 42 of the Personnel Act are not applicable, in particular.

3. The termination of the employment relationship before the expiration of the term of office shall be governed by the provisions of the Cantonal Constitution on recall.

1. The annual salary of the members of the Government Council amounts to 130% of the maximum of pay band 17 for state personnel.

2. It is paid in 13 installments, two of which are in the month of December.

3. The president of the Government Council receives an allowance of 5% of the maximum of pay band 17 for state personnel.

4. In the event of a non-reelection, the member is entitled to receive full compensation from the Government Council for six months following the end of the term. They shall continue to be insured by the Schaffhausen Pension Fund PKSH. Earnings from any potential gainful employment will be offset against the salary.

1. In addition to their salary, the members of the government council receive the child allowances granted to cantonal employees.

2. Members of the government council do not receive a jubilee gift.

1. A member of the governing council may only belong to the administrative bodies of economic or charitable enterprises and organizations if it appears necessary to serve the interests of the canton.

2. Fixed compensations and attendance fees from such subsidiary offices must be delivered to the canton.

1. The annual vacation entitlement is determined by the regulations for state personnel. It amounts to at least five weeks per calendar year.

1. The members of the Government Council are insured persons of the Schaffhausen Pension Fund PKSH.

1. A member of the government council is entitled to a pension subject to AHV contributions before reaching the age of 60

a) if they leave office due to non-reelection

b) if they voluntarily resign from office after reaching the age of 55 and do not claim the vested benefits

2. The pension in the event of non-reelection commences in the seventh month after the end of the term of office. It is paid for a maximum of 114 months.

3. This pension is insured with the Schaffhausen Pension Fund (PKSH).

4. The pension amounts to 50% of the salary insured with the Schaffhausen Pension Fund (PKSH) at the time of leaving office. For service of less than 12 years, the pension is reduced by 5% of the insured salary for each full year of service missing. The minimum pension amounts to 10% for a voluntary resignation, and 20% for non-reelection of the last insured salary.

5. If a disability pension is granted, the pension is limited to the portion of the insured salary not replaced by the disability pension.

6. After reaching the age of 60, the pension is replaced by the old-age pension from the pension fund.

1. The canton compensates for the devaluation of the pension in accordance with the cost-of-living adjustment on the salaries of the cantonal employees.

1. The retirement pension shall be reduced to the extent that, together with other income creditable according to the pension regulations of the Pension Fund Schaffhausen PKSH, it exceeds 90% of the salary of a member of the Executive Council.

1. If the departure from office is due to a serious breach of official duty or a criminal act, the executive council may reduce salary continuation and pension payments or refuse to grant them.

1. The Decree on the Employment Relationship and Occupational Provisions of the Executive Council of the Canton of Schaffhausen dated August 31, 1998, shall be repealed, subject to § 12.

2. The pension fund of the Executive Council shall be dissolved.

3. The vested benefits of the acting members shall be transferred to the Schaffhausen Pension Fund (PKSH) in favor of the members' personal old-age savings accounts. If the fund's assets are insufficient for these vested benefits, the deficient amounts shall be charged to the state accounts. In the event of a coverage ratio exceeding 100% at the Schaffhausen Pension Fund (PKSH), the corresponding share must also be transferred, as well as the corresponding share of the provisions.

4. Persons receiving a benefit under the Decree on Remuneration, Leave, and Pensions of the Executive Council of the Canton of Schaffhausen dated February 8, 1971, or August 31, 1998, shall be incorporated as pensioners into the Schaffhausen Pension Fund (PKSH). Upon the replacement of a transitional pension by an old-age pension, there is an entitlement to a capital payment according to Art. 37 para. 2 of the Swiss Occupational Pensions Act (BVG). Ongoing child pensions shall be calculated according to the old law. Ongoing pensions shall remain unchanged except for additional index-related allowances granted by the Schaffhausen Pension Fund (PKSH). The coverage capital necessary for the pensions shall be charged by the Schaffhausen Pension Fund (PKSH) to the pension fund. The coverage capital shall be calculated as of January 1, 2008, according to the tariffs valid from January 1, 2008, by the Schaffhausen Pension Fund (PKSH). If the fund's assets are insufficient for this coverage capital, the deficient amount shall be charged to the state accounts.

1. Members holding office at the time of the enactment of this decree shall receive a vested pension at the expense of the canton upon leaving office, provided their departure occurs before January 1, 2017.

2. The vested pension shall be calculated in such a way that, together with the retirement pension or the pension calculated in accordance with the Pension Plan Plus, it reaches the amount of the age or transitional benefit pursuant to the Decree on Employment Relationships and Occupational Pensions of the Cantonal Executive of Schaffhausen dated August 31, 1998.

1. This Decree shall enter into force retroactively on January 1, 2008.

2. It is to be published in the Official Gazette and included in the cantonal law collection.