Law on the Remuneration and Professional Pensions of Members of the Council of State (LRetCdS) (LRETCDS)

1 The gross annual fee of the members of the Council of State is equal to 125% of the maximum salary provided for officials in class 20 of the Law on the Salaries of State Employees and Teachers of 23 January 2017 (LStip).

2 The president receives a one-time supplement of 2,000 francs; the vice-president receives 1,000 francs.

3 The entitlement to the fee arises on the day of taking office (day of the declaration of loyalty) and ceases at the end of the month in which the office terminates.

4 In the event of death in office, Article 29 LStip applies by analogy.

1. Expenses incurred in connection with the exercise of office by members of the Council of State shall be reimbursed individually, subject to paragraph 2.

2. The Council of State shall propose an amount for the flat-rate reimbursement of expenses and a list of expense items covered by such reimbursement, and shall submit them to the approval of the Bureau of the Grand Council.

The provisions of the Law on the Organization of State Employees and Teachers of 15 March 1995 (LORD) and of the LStip concerning

a) the right to remuneration in case of absence;

b) family allowances and survivor benefits;

c) compulsory insurance against professional accidents and occupational diseases and against non-professional accidents and the payment of related premiums;

d) the modalities of payment of remuneration;

e) adjustment for inflation.

1 Members of the State Council are affiliated with the Pension Institute of the Canton Ticino (IPCT) in accordance with the provisions of its pension regulations.

2 Former members of the State Council are affiliated with the IPCT in accordance with the pension regulations in the event that they receive a bridging income according to the present law.

1 Upon the cessation of office due to the end of the election period, non-re-election, or resignation, outgoing members of the Council of State become entitled to a severance payment or a bridging income.

2 The severance payment is made to the outgoing member who leaves office before the year in which they reach 55 years of age.

3 The bridging income is paid to the outgoing member who leaves office at the earliest in the year in which they reach 55 years of age and who has not yet become entitled to an old-age pension under the Federal Act on Old-Age and Survivors' Insurance of 20 December 1946 (OASI).

4 The outgoing member who leaves office at the earliest in the year in which they reach 55 years of age but before the year in which they reach 59 years of age has the right to opt for a severance payment instead of a bridging income; the right of option expires at the end of the month following the cessation of office.

5 In the event of dismissal resulting from conviction for a custodial sentence or a monetary penalty for crimes or offences contrary to the dignity of the office, the benefits under Articles 6 and 7 may be reduced by a maximum of one third.

1 The severance indemnity amounts to 25% of the annual gross fee for each of the first four years in office, 22.5% for each year between the fifth and eighth year in office, and 20% for each year from the ninth year in office onwards, provided that a minimum of one and a maximum of twelve years are computed.

2 The severance indemnity is subject to social security contributions, excluding those for occupational pension schemes.

1 The bridging income amounts to 4% of the gross annual fee for each year in office, with a minimum of 8% and a maximum of 48%.

2 It is paid from the moment the right to the fee ceases until the right to an old-age pension arises under the OASI or, in the event of death.

3 In the event of death, Article 29 LStip applies by analogy.

4 The bridging income is subject to social security contributions, including those for occupational provident schemes.

1 The beneficiary wholly or partially forfeits the right to the bridging income to the extent that and for as long as they receive an income, including the bridging income and social benefits, exceeding the gross annual fee of an incumbent member of the Council of State, minus the coordination contribution (coordinated fee).

2 The income shall include gross earned income, fees for participation in boards of directors, and other similar income or annuities.

3 The income assessed by the tax authority shall be decisive.

The actual years of office are countable, it being understood that fractions of at least six months count as a full year.

The benefits under Articles 5-8 are financed by the State and recorded in the State budget.

1 For the determination of the right to benefits subsequent to the cessation of office of the members of the Council of State holding office at the time of the entry into force of the present law, the previous law shall apply.

2 For former members of the Council of State and their survivors who have accrued a right according to the previous law, the latter shall continue to apply.

3 The honorarium of the members of the Council of State holding office at the time of the entry into force of the present law is subject to a levy of an amount credited to the State budget corresponding to that made by the IPCT on the honorarium of the members of the Council of State affiliated with the IPCT.

4 If a member of the Council of State holding office at the time of the entry into force of the present law leaves office before having accrued the right to a pension according to the previous law, they shall receive an exit benefit within the meaning of the Law on Vesting Benefits of 17 December 1993, consisting of the levy according to the preceding paragraph; in other cases, the levy shall remain with the State.

Transitional provision concerning the dissolution of the Professional Provident Fund for Members of the Council of State

1 The Professional Provident Fund for members of the State Council is dissolved.

2 The contributions made in application of the legislative decree concerning the salary and provident conditions for members of the State Council of 23 February 2015 shall be returned to the State and to the members and former members of the State Council who contributed to the fund's financing.

3 Any surpluses resulting after the return shall be credited to the State budget.

The following are repealed

a) the law on remuneration and social benefits for members of the Council of State of 19 December 1963;

b) the legislative decree concerning the remuneration and social security conditions for members of the Council of State of 23 February 2015.

Upon the expiration of the deadlines for the exercise of the right to referendum, this Law, together with the attached amendment to other laws, shall be published in the Official Bulletin of Laws and shall enter into force on January 1, 2021.

Published in OB 2021, 256.