Law on the Social Insurance Court (LSIC) (GSVGER)

31 1 The Social Security Court is an independent court. The Cantonal Council determines its seat.

Position and Seat

2 In its judicial activity, the Social Security Court is independent and subject only to the law.

3 The Court reports annually to the Cantonal Council on its activities. This includes statistical data on staffing levels, caseload, and processing times for cases.

36 1 To the extent that federal law prescribes that appeals concerning a. Federal

jurisdiction in the field of social insurance law are to be adjudicated by Social Insurance

a cantonal social insurance court, the Social Insurance Court is the Disputes

sole cantonal judicial instance responsible for this. This applies in

particular to appeals under Art. 56 of the Federal Act on the General

Part of Social Insurance Law (ATSG)14 in conjunction with the Federal

Acts on

a. old-age and survivors’ insurance (AHVG)15;

b. disability insurance (IVG)16;

c. supplementary benefits to old-age, survivors’ and disability

insurance (ELG)17;

d. health insurance (KVG)20;

e. accident insurance (UVG)21;

f. military insurance (MVG)22;

g. income compensation for persons performing service and in case

of maternity (EOG)23;

h. family allowances in agriculture (FLG)24;

i. compulsory unemployment insurance and insolvency

compensation (AVIG)26;

j. family allowances (FamZG)25.

2 Furthermore, to the extent that federal law prescribes or permits it,

the Social Insurance Court is the sole cantonal judicial instance

responsible for

a.40 actions under Art. 73 of the Federal Act on Occupational Old-Age,

Survivors’ and Disability Insurance (BVG)18, including voluntary

pension schemes of personnel welfare foundations in accordance

with Art. 89a para. 5 and 6 of the Swiss Civil Code (ZGB)11 and

actions under Art. 281 para. 3 of the Swiss Code of Civil Procedure

(ZPO)12 in conjunction with Art. 25a of the Vesting Act (FZG)19,

as well as under Art. 25 FZG;

b.37 actions concerning disputes arising from supplementary insurance

to social health insurance under the Federal Act of 18 March 1994 on

Health Insurance20 within the meaning of Art. 7 ZPO12;

c. appeals concerning compensation and satisfaction under Art. 17 of

the Victims Assistance Act (OHG)13, as well as appeals concerning

immediate material assistance and assumption of further costs

within the meaning of Art. 3 of this Act.

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Act on the Social Insurance Court (GSVGer)

34 The Social Security Court makes final decisions on appeals

and lawsuits in the field of social security law, to the extent

provided for by legislation, in particular

a. Appeals concerning benefits and municipal subsidies according to

§§ 13 and 20 of the Law on Supplementary Benefits to the Federal

Old-Age, Survivors' and Invalidity Insurance6,

b. Appeals concerning child allowances according to § 171a of the Law

on the Promotion of Agriculture,

c.38 Appeals according to Art. 65 KVG20.

The Cantonal Council may adapt the jurisdiction of the Social

Insurance Court to changes in legislation.

B. Organization of the Social Insurance Court

36 1 The Court shall consist of full-time and part-time members

and substitute members. The Cantonal Council shall determine the number

of members and substitute members.

2 The Cantonal Council shall elect the members and substitute members. For

the part-time members, it shall determine their level of employment.

The Court shall have the right to propose candidates for the election of half of the substitute members.

3 The full-time and part-time members shall reside in the Canton of Zurich.

4 The term of office for members and substitute members shall be

six years.

Law on the Social Insurance Court (GSVGer) 212.81

5 The plenum according to § 6 para. 1 may change the level of employment of individual members with their consent within the framework of the total

staff percentages. Upon the departure of an affected

member or upon the expiration of the term of office, the change shall cease to apply.

6 The Cantonal Council shall regulate the remuneration of members and the compensation of substitute members.

37 For the disclosure of conflicts of interest, § 7 Disclosure of GOG4 applies.

of conflicts

of interest

28 **Incompatibility**

1 The office of a full-time member of the Social Security Court is incompatible with any other full-time occupation as well as with the professional representation of third parties before courts or administrative authorities.

2 The office of a part-time member or a substitute member of the Social Security Court is incompatible with the professional representation of third parties before the Social Security Court.

3 For membership in the administration or management of a commercial company or a cooperative for economic purposes, the approval of the Cantonal Council is required for full-time and part-time members.

4 In all other respects, the incompatibility provisions of the Law on Political Rights2, 29 apply.

30 1 Applications for recusal shall be decided by the Plenum if they

are directed

a. against the participation of members of the court in the Plenum,

b. against all members of a panel of the Social Insurance Court.

2 Applications for recusal shall be decided by the full-time and part-

time members of a chamber if they are directed

a. against the participation of members of the court in a chamber,

b. against a member of a chamber acting as a sole judge.

3 If a chamber is no longer properly constituted for the deliberation

of an application for recusal, it shall be supplemented by full-time or

part-time members of another chamber.

Deliberation

of Applications

for Recusal

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212.81 Law on the Social Insurance Court (LSIC)

Plenum and

Chambers

Ordinance

Law

Elections,

Personnel

Panels

Presidency

31 1 The Plenum consists of the full-time and part-time members.

**2 It regulates organizational and personnel matters, as well as questions of self-administration, and determines the number of chambers into which the court is divided.**

**3 Every member present is obliged to cast their vote. In the event of a tie, the vote of the President or Chairperson counts double.**

1 The Full Court regulates by ordinance

a. its organization and procedure,

b. fees, costs, and compensation,

c. the organization and duties of court clerks

and the chancery.

2 The ordinances according to lit. a and b require the approval

of the Cantonal Council.

36 1 The Plenary elects

a. the President primarily from among the full-time members,

b. the Vice-Presidents.

2 It exercises the right to propose in accordance with § 5 para. 2.

3 It appoints the Secretary-General, the Deputy, and the legal and

administrative staff, insofar as it does not delegate this competence.

31 1 The Chamber shall be composed of a total of three judges for its decisions.

2 As a general rule, the President or a Vice-President shall chair the proceedings.

3 The reporting judge shall issue procedural orders, with the exception of decisions not to entertain a case.

4 A court clerk shall participate in the hearings and deliberations. They shall have an advisory vote.

5 Decisions may be made by circulation if unanimous.

1 The presiding member makes the procedural orders. It may delegate this power to a member of the court or a court clerk.40

2 The presiding member may issue reprimands and impose disciplinary fines. It may delegate these powers to a member of the court.

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40 1 The full-time and part-time members of the Court decide disputes as single judges where the value in dispute does not exceed CHF 30,000.

2 They issue procedural orders in this area. These powers may be delegated to a court clerk.

3 They may issue reprimands and impose disciplinary fines.

4 In cases of fundamental importance, the proceedings may be referred to the Chamber for treatment in its ordinary composition.

37 By analogy, the following apply

a. § 5a VPRG³ regarding recusal,

b.40 Art. 194 and 196 CPC regarding legal assistance.

Jurisdiction

Supplementary

Provisions

C. Procedure

36 1 Initiation of Proceedings

Proceedings are initiated in accordance with the special statutes and the following provisions.

2 The appealability of partial, preliminary, and interim decisions is governed mutatis mutandis by Articles 91–93 of the Federal Supreme Court Act of June 17, 2005.

3 The calculation, suspension, and observance of deadlines, as well as the extension of deadlines, the consequences of default, and the restoration of deadlines, are governed by Articles 38–41 ATSG.

4 The suspension of deadlines shall be communicated to the parties.

31 1 **Intervention by Third Parties**

The court may, ex officio or upon application, join third parties to the proceedings if they have a legitimate interest in the outcome of the proceedings or if a party asserts a legitimate interest in the joinder of the third parties.

2 The joined parties have party status in the proceedings.

3 The procedural orders and the decision on the merits are also binding on the joined parties.

The parties may be represented or assisted. Representation

1. **Gratis Legal Aid**

A party lacking the necessary means and whose claim does not appear hopeless shall, upon request, be exempted from the payment of court costs and advance payments in proceedings subject to costs.40

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212.81 Law on the Social Insurance Court (GSVGer)

2 In addition, upon request, legal representation shall be provided free of charge if the party is unable to assert its rights in the proceedings independently.

3 Legal entities are not granted gratis legal aid.

4 A party to whom gratis legal aid has been granted is obligated to make subsequent payment as soon as they are in a position to do so. The canton's claim prescribes ten years after the conclusion of the proceedings.

31 1 An appeal has suspensive effect, to the extent that the challenged order is amenable to it and the lower instance has not determined otherwise. The court may issue a contrary order.

2 The court shall, upon request or ex officio, take the necessary provisional measures.

1 The proceedings are initiated by the submission of a statement of claim or complaint.

2 This must contain a brief statement of the facts, a clear legal claim, and its substantiation. The means of evidence should be specified and, where possible, submitted. The challenged decision must be enclosed.

3 If the submission does not meet the requirements, the court shall set a reasonable deadline for its rectification, with the warning that otherwise the complaint or claim will not be entertained.

30 1. With the appeal, all defects of the proceedings

**and of the contested order may be asserted.**

**2. New requests concerning procedural matters and new factual**

**allegations, as well as the designation of new means of proof, are admissible.**

**3. Paragraphs 1 and 2 apply by analogy to the action procedure.**

1 The opposing party shall be given an opportunity to submit a written statement. The evidence shall be designated and submitted as far as possible.

2 If the appeal or the action is manifestly inadmissible or has no prospect of success, the court may decide immediately without hearing the opposing party.

3 A further exchange of pleadings may be ordered or, if circumstances justify it, a summons to an oral hearing may be issued.31

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4 The parties shall be requested to supplement their submissions if the latter are incomplete or unclear.

40 Court clerks provide legal information.

31 The Lower Instance

1 The lower instance systematically records and submits the relevant files.

2 It may be heard. The court may compel it to do so.

1 The parties have the right to inspect the files. File Inspection

The safeguarding of important public interests and private interests worthy

of protection by the court remains reserved.

2 The information about court proceedings and the inspection of files

at the court by third parties is governed by the ordinance of the highest

cantonal courts.36

31. The Court's Role in Evidence Collection and Assessment

1. With the cooperation of the parties, the court ascertains the facts relevant to the decision. It collects the necessary evidence and is free in its assessment of the evidence.

2. The parties shall be formally warned of the legal disadvantages that will arise if they refuse to cooperate.

3. The conduct of the evidence taking procedure may be wholly or partially delegated to a delegation or a member of the court.

4. Once evidence has been collected, the parties shall be given an opportunity to comment thereon.

The court's proceedings are public. The court may exclude the public from the proceedings on its own initiative or upon application by a party for important reasons. Deliberations take place in the absence of the parties and the public.

31 1 In appeal proceedings, the court is not bound by the requests made by the parties in its decision.

2 It may alter the contested order to a party's disadvantage or award a party more than it has requested. The parties will be given an opportunity to comment and to withdraw the appeal beforehand.

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212.81 Law on the Social Insurance Court (LSIC)

Remittal

1 The court may refer the matter back to the lower instance for a new decision, particularly if the challenged decision did not enter into the merits of the case or if the facts were insufficiently established.

2 In administrative proceedings, new factual allegations and the designation of new evidence are permissible. The new decision shall be based on the legal assessment that justified the referral back.30

Contents and

Notification of

Decisions

1 Decisions are communicated in writing. They contain

the composition of the court, a statement of reasons, the operative part, and a

legal remedies instruction.31

2 The court may communicate decisions without a statement of reasons and

notify the parties that they may request the statement of reasons in writing

within 30 days, failing which the decision will become legally binding. The

periods for appeal begin to run upon service of the reasoned decision.36

Supplementary

Provisions

40 In addition, the following shall apply mutatis mutandis

a. the Code of Civil Procedure,

b. §§ 121 f., 124 f. and 132–136 GOG4.

Grounds for

revision

D. Revision

31 Revision of legally binding decisions of the Court may be requested by parties involved in the proceedings

a. if they discover new significant facts or find evidence that they could not present in the earlier proceedings,

b. due to influence by a crime or misdemeanor,

c. if the European Court of Human Rights or the Committee of Ministers of the Council of Europe upholds an individual application alleging a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (ECHR)27 and its Protocols, and redress can only be achieved through a revision.

Deadline

1 The request for revision must be submitted in writing to the court

within 90 days from the discovery of the ground for revision.

2 After the expiry of ten years since the notification of the decision,

a request for revision is only admissible for the reasons mentioned in § 29 lit. b and c.30

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31 1 The application for revision must state the grounds for revision

as well as the motions made in the event of a new order in the matter, and it must be demonstrated that the deadline according to § 30 has been met.

2 Evidence should be enclosed or, if this is not possible, precisely designated.

The revision procedure is otherwise governed by analogy by the Civil Procedure Code12.

Supplementary Provisions

E. Costs and Remunerations

1 The proceedings are free of charge. Special statutory provisions remain reserved.

**2 However, in gratuitous proceedings, a party that behaves maliciously or recklessly may be ordered to pay a lump sum court fee.**

**3 If the circumstances justify it, no costs will be imposed in proceedings subject to costs.**

40 1 Securing

court costs**

The party invoking the court may be obliged to make an advance payment of costs, up to the amount of the estimated court costs, in proceedings subject to costs.

2 If the advance payment of costs is not made, the court will not consider the application. In this case, no costs will be imposed.

31 1 If the prevailing party makes a corresponding application for compensation,

or if other laws so provide, the court shall order the losing party to reimburse the party costs.

2 Insurance carriers and public bodies are entitled to this claim only to the extent that it is not excluded by other laws.

3 The amount of the compensation to be determined by the court shall be assessed according to the significance of the matter in dispute, the difficulty of the process, and the degree of success, but without regard to the value in dispute.

F. Arbitration Tribunal

36 The Arbitration Court is the sole cantonal instance for assessing general disputes

under Art. 89 KVG20, Art. 57 UVG21, Art. 26 para. 4 and 1. Jurisdiction

Art. 27bis IVG16 as well as Art. 27 MVG22.

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212.81 Act on the Social Insurance Court (GSVGer)

2. Position and

Supervision

3. Supplementary

Law

Organisation

1. Composition

2. Election

3. Domicile

4. Registry

General

Procedural

Provisions

1. Presiding

Member

31 1 The Arbitration Tribunal is affiliated with the Social Security Court and is subject to its administrative supervision.

2 Decisions on requests for recusal, as well as complaints regarding undue delay and denial of justice, are made by the full-time and part-time members of a chamber of the Social Security Court, to which neither the presiding member of the Arbitration Tribunal nor their deputy belongs.36

3 The Social Security Court issues an ordinance in accordance with Sections 38 para. 3 and 47 para. 2. The ordinance is subject to approval by the Cantonal Council.

31 Sections 4, 5a, 8–10, and 12–32 apply in a supplementary manner.

31 1 The Arbitration Court consists of the presiding member and arbitrators.

**2 For the arbitrators, there is one group each for the insurance carriers and the service providers.**

**3 The Ordinance divides**

**a. the group of insurance carriers into subgroups of the affected branches of insurance,**

**b. the group of service providers into subgroups of the affected professions and industries.**

31 1 The Plenum of the Social Insurance Court shall elect from

**among its members, for a term of two years, the presiding member of the**

**Arbitration Tribunal and their deputy. Re-election is possible.**

**2 The Cantonal Council shall, upon application by the Government Council, elect at least two arbitrators for each subgroup.**

**3 The application of the Government Council shall be based on the election proposals of the insurance carriers and the service providers.**

31 The arbitrators are not required to reside in the Canton of Zurich.

31 The Registry of the Social Security Court handles the registry affairs.

31 The Presiding Member of the Arbitration Court

a.40 issues case management orders, subject to § 50,

whereby this authority may be delegated to a court clerk,

b. presides over the conciliation hearing and conducts the instruction proceedings,

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Law on the Social Insurance Court (GSVGer)

c. issues disposal orders, with the exception of decisions not to entertain the case.

31 Release from Professional Secrecy

The parties are released from the obligation to maintain professional secrecy to the extent necessary to ascertain the facts or to protect their interests in the disputed matter.

31 1 The complaint shall be submitted in writing and with a brief statement of reasons to the

initiation of proceedings

Registry of the Social Insurance Court.

2 The opposing party shall be given the opportunity to provide a voluntary preliminary

statement.

31 1 The presiding member conducts a conciliation hearing, conciliation proceedings

if

a. this is prescribed by federal law,

b. both parties request it, or

c. in the presiding member's estimation, there is a prospect of an amicable

settlement.

2 For the purpose of conducting the conciliation hearing, the presiding member may involve further members of the arbitral tribunal in accordance with § 49.

3 The conciliation hearing is not public.

1. Conciliation

Hearing

30 1. Natural persons appear in person for the conciliation hearing. Legal persons, administrative bodies, and authorities send a person who is authorized to conclude settlements.

**2. Representation**

**Parties may bring legal counsel.**

**3. In special cases, the presiding member may permit representation. If granted to one party, the other party may also be represented.**

30 1 If there is a prospect that the parties will reach an extrajudicial settlement 3. Conclusion

after the conciliation hearing, the presiding member may, in agreement with the parties, suspend the proceedings.

2 If the case is concluded during the conciliation proceedings, a flat-rate court fee will be charged in accordance with the ordinance. Unless the parties have agreed otherwise, it will be imposed equally on them in the case of a settlement and, in other cases, at the discretion of the judge.

3 If the case is concluded during the conciliation proceedings, no indemnities will be awarded. Deviating agreements between the parties remain reserved.36

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212.81

Instruction

proceedings

1. Exchange of

pleadings;

Taking of

evidence

2. Designation

of further

members

Main proceedings

Legal remedies

Costs and

indemnities

212.81

Law on the Social Insurance Court (GSVGer)

30 1** If no conciliation hearing takes place or the dispute cannot be settled in the conciliation procedure, the plaintiff party will be given the opportunity to supplement the statement of claim and submit further evidence.

**2** Otherwise, the exchange of pleadings and the conduct of an evidentiary procedure shall be governed by the provisions applicable before the Social Security Court.

30 1 Unless the arbitral tribunal has already been supplemented for the conciliation proceedings, each party shall be given the opportunity to nominate an arbitrator from the group of insurers or service providers on its side and from the sub-group concerning the case within that group. It may comment on the opposing party's nomination.

**2 The presiding member shall appoint one arbitrator from each of the sub-groups concerning the case.**

**3 If no arbitrator is available from the relevant sub-group, an arbitrator from another sub-group of the relevant group may be nominated and appointed.**

30 The arbitral tribunal may order the **supplementation** of the **instructional proceedings**, conduct further exchanges of written submissions or, if circumstances justify it, an oral hearing, and take additional evidence.

36 1 An appeal to the Federal Supreme Court is admissible against the decision of the arbitral tribunal.

2 Under the conditions of § 29, a revision is admissible.

37 The provisions of the Code of Civil Procedure12 concerning

court costs and legal aid (Part 1, Title 8) shall apply mutatis mutandis.

G. Amendment of Existing Law

a. The Cantonal Law on Health Insurance (KLKVG) of June 13, 1999: ...32

b. The Law on Child Allowances for Employees of June 8, 1958: ...32

c. The Agriculture Law of September 2, 1979: ...32

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212.81

d. The Law on Supplementary Benefits to the Federal Old Age, Survivors' and Invalidity Insurance of February 7, 1971: ...32

e. The Law on Legal Protection in Administrative Matters of May 24, 1959: ...32

Transitional Provisions for the Amendment of August 30, 2004

(OS 59, 398)

1 The amended provisions also apply to proceedings pending at the time this amendment to the law comes into force.

2 The jurisdiction and composition of the body before which proceedings are pending at the time of entry into force shall be governed by previous law.

Transitional Provisions for the Amendment of January 8, 2007

(OS 62, 350)

The jurisdiction for the assessment of appeals pending at the time of entry into force shall be governed by previous law. In all other respects, the new law shall apply to pending proceedings.

1 OS 52, 420.

2 LS 161.

3 LS 175.2.

4 LS 211.1.

5 LS 212.83.

6 LS 831.3.

7 LS 832.01.

8 LS 836.1.

9 LS 910.1; today: Agriculture Law.

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212.81 Law on the Social Insurance Court (GSVGer)

10 SR 173.110.

11 SR 210.

12 SR 272.

13 SR 312.5.

14 SR 830.1.

15 SR 831.10.

16 SR 831.20.

17 SR 831.30.

18 SR 831.40.

19 SR 831.42.

20 SR 832.10.

21 SR 832.20.

22 SR 833.1.

23 SR 834.1.

24 SR 836.1.

25 SR 836.2.

26 SR 837.0.

27 SR 0.101.

28 Inserted by the Law on the Election of Part-time Members of Courts of January 4, 1999 (OS 56, 43). In force since March 1, 2000 (OS 56, 56).

29 Version according to the Law on Political Rights of September 1, 2003 (OS 58, 289). In force since January 1, 2005 (OS 59, 194).

30 Inserted by the Law of August 30, 2004 (OS 59, 398). In force since January 1, 2005 (OS 59, 410).

31 Version according to the Law of August 30, 2004 (OS 59, 398). In force since January 1, 2005 (OS 59, 410).

32 Text see OS 59, 398.

33 Version according to the Law on the Adaptation of Cantonal Law to the Federal Law on the General Part of Social Insurance Law of January 8, 2007 (OS 62, 350; ABI 2006, 836). In force since January 1, 2008.

34 Version according to the Cantonal Law on Family Allowances (EG FamZG) of January 19, 2009 (OS 64, 142; ABI 2008, 1046). In force since July 1, 2009.

35 Inserted by the Law on the Adaptation of Cantonal Administrative Procedure Law of March 22, 2010 (OS 65, 390; ABI 2009, 801). In force since July 1, 2010.

36 Version according to the Law on the Adaptation of Cantonal Administrative Procedure Law of March 22, 2010 (OS 65, 390; ABI 2009, 801). In force since July 1, 2010.

37 Version according to the Law on the Adaptation of Cantonal Authority Organization and Cantonal Procedural Law in Civil and Criminal Matters to the New Federal Procedural Laws of May 10, 2010 (OS 65, 520, 572; ABI 2009, 1489). In force since January 1, 2011.

38 Version according to the Implementing Law to the Health Insurance Law of April 29, 2019 (OS 75, 174; ABI 2016-10-07). In force since April 1, 2020.

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39 Inserted by the Law of November 25, 2019 (OS 75, 270; ABI 2018-06-01). In force since June 1, 2020.

40 Version according to the Law of November 25, 2019 (OS 75, 270; ABI 2018-06-01). In force since June 1, 2020.

41 Inserted by the Law of November 30, 2020 (OS 76, 198; ABI 2020-02-28). In force since July 1, 2021.

42 Version according to the Law of March 20, 2023 (OS 78, 465; ABI 2022-03-18). In force since January 1, 2024.

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