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172.125 LR-CE CH-VD

Act on the Remuneration and Pensions of Members of the Council of State (Lr-CE) - Salary [ 1, 2, 4, 6, 7, 8, 9, 10, 15 ] (LR-CE)

18 Articles / Provisions · Switzerland · Canton of Vaud
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Table of Provisions (18)

Statutory Text (18 Articles)

1. Members of the State Council receive a salary set at 199,324 francs, based on 116.2 points of the Swiss consumer price index (December 1982 = 100); this salary is adjusted according to inflation pursuant to Article 25, paragraphs 1 and 2 of the Personnel Law of the Canton of Vaud [B].

2. Articles 30 to 35, 42, and 47 of this law apply by analogy to members of the State Council.

3. Compensations arising from representation of the State in companies or enterprises are paid into the State treasury.

4. ...

1. An annual lump sum is paid to the members of the Council of State for the reimbursement of professional transportation expenses.

2. An annual lump sum is paid to the members of the Council of State for the reimbursement of representation expenses.

3. The President of the Council of State receives an additional amount in the form of an annual lump sum.

4. The Council of State shall set the amounts of the lump sums provided for in paragraphs 1 to 3 by decree and inform the Finance Commission.

1. Members of the Council of State contribute 10 percent of their salary to the State as a participation in their professional provident fund.

1. Members of the Council of State are entitled to a pension when

a. they are required to resign their office for health reasons;

b. they are not re-elected after having served in their office for at least five years;

c. they voluntarily leave their office, after having served in it for at least ten years.

2. …

1. When a member of the Council of State must resign from their position for health reasons (Art. 3, para. 1, letter a), the pension is determined by a decision of the Council of State. It is set at 50% of the last annual salary received in accordance with Article 1, paragraph 1, unless particular circumstances justify a lower rate. The decision is subject to revision.

1. In the cases provided for in Article 3, paragraph 1, letters b) and c), the pension is calculated as a percentage of the last annual salary received, according to the following rates

- 7% per year of service up to five years;

- 4% per year of service up to ten years;

- 1% per additional year.

2. When the member of the Council of State has not reached the age of fifty-five at the time of the opening of the right to the pension, it is reduced by 1% for each year less than the age of fifty-five.

3. The pension may not be less than 15% nor more than 60% of the last salary received.

4. Fractions of a year of service are taken into consideration pro rata.

1. The spouse or registered partner of a State Councillor who died in office or while pensioned receives a pension during their widowhood,

a. if they have one or more children entitled to a child's pension according to Article 7;

b. if they have reached the age of 45;

c. if they are invalid and entitled to at least a half-pension from the federal disability insurance [D].

2. The pension is equal to 60% of the pension the State Councillor was receiving or would have received on the date of their death had they become invalid.

3. When the marriage or registered partnership was contracted by a pensioned State Councillor with a person at least fifteen years younger than them, the pension, calculated according to paragraph 2, is reduced by 3% for each full year of age difference exceeding fifteen years, but by a maximum of 50%. No deduction is made if a child is born of the marriage.

1. When not entitled to a pension under Article 6, the spouse or partner of a State Councillor shall receive a one-time allowance amounting to

- four times the spouse's or partner's pension according to Article 6, if they have not reached the age of 35 at the time of death;

- five times, if they are between 35 and 40 years of age at the time of death;

- six times, if they are over 40 years of age at the time of death.

2. The allowance shall be reduced by half if the marriage or registered partnership lasted less than one year.

1. The divorced spouse or the partner with whom the registered partnership has been dissolved is equated with the surviving spouse or partner, provided that the marriage or partnership lasted more than ten years.

2. However, they are entitled to benefits only to the extent that the death deprives them of spousal support owed by the deceased state counselor.

1. A pension is paid for the child of a retired or deceased State Councilor until the child reaches the age of 18, or the age of 25 if the child is in vocational training, studying, or receiving cash benefits from federal disability insurance. [D]

2. The pension amounts to 20% of the pension that the State Councilor was receiving or would have been entitled to receive at the time of their death if they had become disabled.

1. The pension of a former State Councillor, and the pensions of a spouse, registered partner, or child, are reduced to the extent that, globally or when cumulated with

the salary from public functions or the income from another gainful activity of the State Councillor, benefits resulting from the Federal Act on Occupational Retirement, Survivors' and Invalidity Provision [C] or any other annuity, pension, or equivalent financial benefit received due to another function or activity, for which premiums or contributions were paid in whole or in part by the employer, benefits from the federal accident insurance [E], military insurance [F], or another mandatory health or accident insurance under federal law, benefits from invalidity insurance [D] or federal old-age and survivors' insurance [G], with the exception of old-age annuities,

they exceed the salary of a serving State Councillor (Art. 1, para. 1).

2. The comparison is made between benefits of the same nature; capital benefits paid in lieu of an annuity, pension, or other periodic amount are converted into an annuity for the calculation of the reduction.

3. The reduction is applied proportionally to each benefit.

4. The calculation of the reduction is revised in the event of

- a change in family status,

- the birth, modification, or termination of the right to one of the benefits mentioned in paragraph 1.

1. The pensions mentioned in Articles 3 to 7 are indexed to the same extent as the pensions provided to other magistrates and collaborators of the State of Vaud.

1. A member of the Council of State who leaves their position without being entitled to a pension shall receive a severance payment equivalent to their last annual salary, provided that they have served for two full calendar years; if this condition is not met, the severance payment shall be equivalent to six months of the last annual salary.

2. The provisions of the Federal Act on Vesting in Occupational Old Age, Survivors' and Invalidity Insurance [H] shall apply mutatis mutandis to the transfer and payment of the claim.

1. Members of the Council of State are entitled to at least the mandatory benefits in accordance with the Federal Law on Occupational Pensions [C].

1. The former State Councilor or their heirs shall provide the Department of Finance, upon request, with all information necessary to implement this law.

1. This law shall enter into force on January 1, 1968.

2. It repeals the law of May 28, 1952, on the pensions of the members of the Council of State and the Cantonal Court, as amended on February 20, 1961, and the decree of September 5, 1955, setting the salaries of the members of the Council of State and the Cantonal Court and that of the Attorney General, as amended on September 4, 1961.

1. Pensions that commenced before January 1, 1985, as well as those derived therefrom, are paid without modification in accordance with the repealed legislation under which they originated.

2. Article 9 is applicable to them.

1. The Council of State is responsible for the publication and execution of the present law.

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