Resolution of the Cantonal Council on terminal benefits for members of the Government Council and the highest cantonal courts
Statutory Text (1 Articles)
177.25
Resolution of the Cantonal Council
concerning severance benefits for members
of the Government Council and the supreme cantonal
Courts
(of 9 March 2009)1
The Cantonal Council,
having considered the motion of the Commission for State and
Municipalities of 19 December 20082,
based on § 20 of the Act on the Organisation of the Government
Council and the Cantonal Administration of 6 June 20053, § 208 of the
Judiciary Act of 13 June 19765, § 5 para. 5 of the Act
on the Social Insurance Court of 7 March 19936 and § 37
para. 1 of the Administrative Justice Act of 24 May 19594,
resolves
I. 1 Upon termination of office, members of the Government Council
shall receive a severance payment in monthly salaries according to the following
table
Completed
Voluntary
Years of Life
Termination
voluntary
Termination
involuntary
involuntary
involuntary
Termination
Termination
Termination
with 4-7
with
with fewer
with 4-7
with
Years in Office
at least
than
Years in Office
at least
8 Years in Office
4 Years in Office
8 Years in Office
up to 50
3
11
6
11
18
51
5
14
7
14
23
52
6
16
8
16
27
53
8
19
10
19
32
54
9
21
11
21
36
55
11
24
12
24
36
56
12
26
13
26
31
57
14
23
14
23
28
58
15
20
15
20
24
59
13
17
13
17
21
60
11
14
11
14
17
61
9
11
9
11
14
62
6
8
6
8
10
63
4
5
4
5
7
64
1
2
1
2
3
1. 1. 10-67
1
177.25
CCR concerning severance benefits
2 Monthly salary shall be defined as one-twelfth of the last paid annual
gross salary plus permanent allowances of a salary nature.
3 The termination of office shall be deemed involuntary if the member
of the Government Council is not re-elected. The following circumstances shall be
deemed equivalent to non-re-election
a. The member declines to run for re-election because they have not
been nominated for re-election by their political party.
b. The member resigns or declines to run for re-election after a confidential
medical examination indicates that this step is advisable for health reasons. The
provisions concerning resignation from office due to invalidity remain reserved.
4 If the termination of office is due to a serious breach of official duty
or to a crime or offence committed by the member of the
Government Council, the severance payment shall be reduced, entirely
withheld or entirely or partially reclaimed.
5 The provisions of personnel law concerning the extension of employment
with exemption from duty in lieu of a lump-sum severance payment, as well as
concerning the reduction or reclamation of severance payments due to new income
during the severance period, shall apply mutatis mutandis. In the case of employment
extension applying mutatis mutandis, the end of this extension shall be deemed the
time of termination of office.
II. The provisions of personnel law concerning continued salary payment
upon termination of office and concerning severance benefits shall apply mutatis
mutandis to the members of the supreme cantonal courts.
III. The severance payment for members of the Government Council
shall be determined by the Government Council, and for members of the supreme
cantonal courts by the Administrative Commission of the respective court.
2
CCR concerning severance benefits
177.25
IV. This Resolution is subject to the legal force
of the Act on Severance Benefits for Members of the Government
Council and the Supreme Cantonal Courts. It shall enter into force simultaneously
with this Act7.
1 OS 64, 633.
2 ABI 2009, 71.
3 LS 172.1.
4 LS 175.2.
5 LS 211.1.
6 LS 212.81.
7 Entry into force: 1 December 2009 (OS 64, 632).
1. 1. 10-67
3