Law on the Independence of the Insurance Fund for State Personnel

This Act governs

a. the establishment of an independent occupational pension institution for the personnel of the State and affiliated organizations (pension institution),

b. the transfer of the existing insurance fund for state personnel (insurance fund) to the pension institution.

Subject

1. Legal Form

The pension institution is established as a private law foundation.

**2. Founder**

The state is the founder of the pension institution.

**II. Establishment of the Pension Institution**

5 The Government Council issues the foundation deed. It is Foundation

subject to approval by the Cantonal Council.

deed

First Election

The Government Council conducts the initial election of the members of the Foundation Board. The ordinance regulates the details.

The Government Council founds the foundation after the Cantonal Council has approved the foundation deed.

Foundation

establishment

1.7. 18 - 101

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177.201.1

Autonomization of the Insurance Fund – Law

III. Joining the Pension Scheme

Circle of

Insured Persons

4 1 The State insures its personnel, as well as the members of the

Government Council, the members of the highest cantonal courts, and

the Ombudsperson, in the pension scheme.

2 The pension scheme may conclude affiliation agreements with the

following organizations and thereby admit their employees into the

pension scheme

a. Municipalities of Zurich, other public-law corporations, and non-profit

institutions domiciled in the canton, as well as institutions and

undertakings closely connected with these economically or financially,

b. Institutions and undertakings closely connected with the State

economically or financially.

Principle

IV. Transfer of the Insurance Fund into the Pension Scheme

1 The pension fund shall assume the assets and liabilities of the insurance fund according to the takeover balance sheet. The transfer may only take place at a time when the funding ratio of the insurance fund from its own resources is at least 100%.

2 As of the date of the takeover, the existing insurance contracts between the Department of Finance and the affiliated organizations shall be transferred to the pension fund.

3 The Government Council shall arrange for the transfer of the assets and legal relationships of the insurance fund to the pension fund.

Transfer

At the time of transfer, the Government Council shall take the following measures in particular

a. It shall approve the opening balance sheet of the pension institution after consulting the report of the expert for occupational pension provision and the report of the auditing body.

b. It shall ensure that ownership and limited real rights to real estate that pass to the pension institution are registered in the land register in the name of the pension institution.

Cost Bearing

1 The acquisition of real estate located in the canton is free of notary and land registry fees.

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Independence of the Pension Fund – Law

177.201.1

2 The costs and fees arising from the transfer of legal relationships and assets from the pension fund to the provident institution shall be borne by the provident institution.

The individual entitlements acquired by the insured persons as well as by the pensioners and former pensioners towards the insurance fund shall be adopted unchanged by the provident institution.

Preservation of acquired rights

The pension institution takes over, as of the effective date of the pension plan transfer of assets, liabilities, and legal relationships, the pension plan of the insurance fund.

1. **Transfer of State Employees to the Provident Institution, Employment Relationships**

When state employees transfer to the provident institution, their previous employment relationships are dissolved and replaced by private-law employment contracts with the provident institution.

2. The position of the employees must not be worsened as a result.

3. Severance payments due to the dissolution of previous employment relationships shall be paid by the provident institution.

V. Final Provisions

a. The terms "State Personnel Insurance Fund" – Amendment to

and "Civil Servants' Insurance Fund" are replaced by "Pension Fund for State Personnel" in the following provisions: . . .3

b. The Personnel Act of September 27, 1998, is amended as follows: . . .3

1 The Government Council determines the time of the establishment

of the foundation and the time of the transfer of the assets and li-

abilities as well as the legal relationships to the pension institution.

2 At the time of the transfer, the Law on the Insurance Fund for

State Personnel of June 6, 1993, is repealed.

1 OS 58, 102. Entry into force: May 1, 2007 (OS 62, 152).

2 ABI 2002, 822.

3 Text see OS 58, 102.

4 Version in accordance with the Law on Severance Payments for Members of the Government

Council and the Highest Cantonal Courts of March 9, 2009 (OS 64,

631; ABI 2009, 71). In force since December 1, 2009.

5 OS 62, 464. Repealed by resolution of the Foundation Board of "BVK Staff Pension Scheme of

the Canton of Zurich" of September 27, 2017 (OS 73, 167).

1.7. 18-101

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Enforcement and

Repeal of Pre-

existing Law