CH-TI
Legislative Decree concerning Social Security for Judicial Magistrates
Statutory Text (4 Articles)
[1] 1. Magistrates in office before the entry into force of this legislative decree are guaranteed acquired rights, namely early retirement and an annuity in the event of non-re-election.
2. In the event of resignation, such magistrates shall receive the vested benefits ( _prestazione di libero passaggio_ ) in accordance with the pension regulations of the Provident Institution of the Canton Ticino for the period after December 31, 1985. For the preceding period, they are entitled to a severance indemnity calculated by applying the rates and coordination percentages provided for by the law on the state employees' pension fund in force until December 30, 1985, based on the insured remuneration received during the years served as a magistrate or official, without the calculation of interest. The indemnity is subject to the restrictions provided for by the pension regulations of the Provident Institution of the Canton Ticino.
3. For magistrates in office as of December 31, 1985, the Provident Institution of the Canton Ticino shall bear the cost of benefits calculated by assuming December 31, 1985, as the affiliation date.
4. The costs for acquired rights and annuities not financed through contributions to the Provident Institution of the Canton Ticino shall be borne by the State.
[1] Art. amended by Legislative Decree of 6.11.2012; in force from 1.1.2013 - BU 2012, 639.
Pensions granted prior to the entry into force of this legislative decree are subject to the rules under which they were granted and are adjusted for inflation according to special law.
Notwithstanding Art. 14 para. 1 lit. c) LCP, for civil servants whose insured salary increases due to the change in the insurable maximum according to Art. 10 para. 3 LCP, the related capital cover shall be paid to the Pension Fund, borne by the State for 62% and by the employee for 38% by December 31, 1986.
Upon expiry of the terms for exercising the right of referendum, this decree shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force on December 31, 1985.
Published in OB 19 86, 10.