REGULATIONS SCALA 2018 Employee benefits insurance
1 Table of contents Introduction Art. 1 Objective 2 Art. 2 Management 2 General provisions and definitions Art. 3 Persons to be insured 3 Art. 4 Age/Retirement age 4 Art. 5 Coordinated salary 4 Art. 6 Payment of benefits 5 Art. 7 Obligation to cooperate 6 Art. 8 Advance withdrawal/pledge for residential property 7 Art. 9 Relationship to other insurance schemes 8 Financing Art. 10 Contributions 10 Art. 11 Retirement account/retirement credits 11 Art. 12 Retirement benefits 13 Art. 13 Disability benefits 16 Art. 14 Death benefits 18 End of employment relationship Art. 15 Vested benefits 22 Art. 16 Change of employer 24 Art. 17 Temporary extended cover after withdrawal 24 Continued insurance Art. 18 Continued insurance of previous pensionable salary 25 Art. 19 Gainful employment after regular retirement age 25 Supplementary insurance Art. 20 Scala Top supplementary insurance (for higher salaries) 26 Art. 21 Scala Plus supplementary insurance (for higher salaries and better benefits) 28 Art. 22 Flexible improvement of pension plans 30 Final provisions Art. 23 Sanctions 31 Art. 24 Financing in the event of an actuarial deficiency 31 Art. 25 Termination of affiliation agreement 31 Art. 26 Entry into force/amendments 32
2 3 Introduction General provisions and definitions Art. 1 Objective Art. 3 Persons to be insured 1 The objective of the «GastroSocial Pension Fund» Foundation is to provide employee benefits insurance for business establishments in the food services, hotel and tourism sector that are not subject to the collective labour agreement for the hotel and catering industry (L-GAV) in accordance with the provisions of these regulations. These regulations are based on the Federal Law for Occupational Retirement, Survivors and Disability Pension Plans (BVG). 2 The GastroSocial Pension Fund guarantees that it will provide the benefits pursuant to the provisions of the BVG. 3 A business establishment can join the Foundation under an affiliation agreement. The GastroSocial Pension Fund reserves the right to refuse acceptance of a business establishment. The contributions and benefits are set out in these regulations. Pension recipients are only accepted on payment of the actuarial reserve calculated by the GastroSocial Pension Fund. 4 Art. 20 par. 2 regulations applies to self-employed individuals. Art. 2 Management The board of trustees is responsible for the management of the Foundation and the execution of these regulations. The board of trustees can delegate powers to its committee or the management generally or on an ad hoc basis and subject to the right of revocation. 1 Subject to art. 3 par. 3 regulations, all employees and on a voluntary basis employers whose gross salary subject to AHV contributions equals or exceeds the BVG minimum salary (minimum salary 2018: CHF 1 762.50 per month) are accepted into the insurance scheme. The insurance obligation begins when the employment relationship starts, but at the earliest on 1 January of the year following the employee s 17 th birthday. 2 If the monthly salary of insured with a fluctuating salary drops below the minimum monthly BVG salary, insurance cover for these persons must be continued until the end of the employment relationship but at the longest until the end of the calendar year. 3 The following persons are not enrolled with the Pension Fund: a) Employees who have reached the regular retirement age or draw retirement benefits from the GastroSocial Pension Fund. b) Employees who are employed under a temporary employment contract for 3 months or less. If the employment contract is extended past 3 months, the employee is enrolled with the Pension Fund when the employment contract is extended. c) Employees who work part-time and already have insurance elsewhere for their principal position of employment or who are primarily selfemployed. d) Persons who are at least 70 % disabled as defined by the Federal Disability Insurance (IV) and employees who continue to be insured on a provisional basis pursuant to art. 26a BVG. e) Self-employed individuals whose employees subject to the BVG are not insured with the GastroSocial Pension Fund.
4 5 General provisions and definitions General provisions and definitions f) Self-employed individuals with a higher health risk. Art. 6 Payment of benefits g) Self-employed individuals who do not have employees subject to the BVG. 4 Salary components from other jobs where the employer is not affiliated with the GastroSocial Pension Fund cannot be insured. Art. 4 Age/Retirement age 1 The applicable age for the calculation of contributions and retirement credits is the difference between the current calendar year and the year of birth of the insured person. 2 The regular retirement age for women is reached at the end of the month following the 64 th birthday and for men at the end of the month following the 65 th birthday. Art. 5 Coordinated salary 1 Unless the affiliation agreement states otherwise, the monthly coordinated salary equals the gross monthly salary subject to AHV contributions minus the monthly coordination deduction under the BVG (coordination deduction 2018: CHF 2 056.25), at most the maximum coordinated BVG salary (2018: CHF 4 993.75) and at least the minimum coordinated BVG salary (2018: CHF 293.75). 2 The coordination deduction does not apply for the Integral pension plan. 3 The coordinated salary is determined retroactively for the first time upon enrolment on the basis of the notification submitted by the employer. Salaries are notified monthly, quarterly or annually, depending on the affiliation contract. The same applies to future salary changes. When a pension claim arises, future salary notifications are no longer taken into consideration, and the benefits are calculated on the basis of the last salary as notified. 1 Subject to art. 6 par. 3 and 4 regulations, the annual pensions due under these regulations are paid out quarterly in advance instalments. 2 The claim to a pension remains valid until the end of the month in which the eligible person dies or in which the entitlement to a pension under the provisions of these regulations lapses. 3 If the retirement pension when pension payments begin equals less than 10 % of the minimum single AHV retirement pension, a one-off lump sum is paid instead of a pension. 4 The termination benefit (i.e. vested benefit) to be transferred due to the division of pension rights as a result of divorce is transferred to the Pension Fund or vested benefits institution of the entitled partner. The part of the pension to be transferred is converted into a lifelong pension in accordance with art. 19h Vested Ordinance (FZV) and transferred to the Pension Fund or vested benefits institution of the entitled partner. The transfer comprises the pension owed for one calendar year and is transferred annually up until 15 December of the relevant year. Pursuant to art. 22e Vested Act (FZG), the pension can be paid out in cash. The lifelong pension pursuant to art. 124a Swiss Civil Code (ZGB), is always transferred in the form of a pension. Upon request, it can also be transferred as a lump sum. 5 Lump sum payments fall due 30 days following receipt of all the necessary documents for the clarification and payment of the benefit entitlement. If the GastroSocial Pension Fund is in default, the default interest rate pursuant to art. 26 FZG shall apply.
6 7 General provisions and definitions General provisions and definitions Art. 7 Obligation to cooperate 1 The insured and their surviving dependants must at all times provide the Pension Fund with accurate information on the circumstances that affect their insurance cover and submit all documents required to check claims to pension benefits. The following in particular must be reported without delay: Art. 8 If the insured person moves from the GastroSocial Pension Fund to a new Pension Fund, the insured person is obliged to inform the Pension Fund of the liable spouse/partner of the change by 15 November of the relevant year at the latest. Advance withdrawal/pledge for residential property a) Income that leads to a change in the benefit obligations of the Gastro- Social Pension Fund (art. 9 regulations) b) A change in the level of disability or the return of an insured person s capacity to work c) The death of a pension recipient d) Remarriage or the start of a new partnership for recipients of a partner s pension e) The end of education and the ability to start working of a child for whom a pension is paid 2 The GastroSocial Pension Fund can expect insured to submit to a medical examination by a doctor appointed by the GastroSocial Pension Fund. If the insured person does not meet this obligation, only the BVG minimum benefits will be paid. 3 The GastroSocial Pension Fund does not accept any liability for the consequences of a breach of the above obligations. It reserves the right to demand repayment if too much in benefits was paid out. 4 Insured persons who are entitled to a lifelong pension based on the division of pension rights as a result of divorce, must inform the Gastro- Social Pension Fund about their entitlement, naming the Pension Fund of the liable divorced spouse/partner. 1 The claim to pension benefits can be pledged for residential property for an insured s own use pursuant to art. 8 par. 3 regulations. 2 The insured can withdraw an amount to finance residential property for his/her own use up to 3 years before the regular retirement age pursuant to art. 8 par. 3 regulations as well as in accordance with art. 30c BVG. An advance withdrawal can at most be requested once every 5 years, provided that the insured is entitled to at least CHF 20 000. and at least this amount is withdrawn. This minimum amount does not apply to the purchase of shares in a cooperative housing association. 3 Until the age of 50, the amount that is available for an advance withdrawal or a pledge is limited to the available amount of vested benefits (art. 15 regulations). After the 50 th birthday the insured can at most withdraw the vested benefits to which he/she would have been entitled at the age of 50, or 50 % of the current vested benefits. 4 An advance withdrawal leads to a corresponding reduction in the retirement and death benefits. The GastroSocial Pension Fund will put the insured in contact with an insurance company who can provide insurance for the resulting gap in pension cover. 5 Within the limits of the law the GastroSocial Pension Fund can determine an order of priority according to which advance withdrawals are processed. 6 The GastroSocial Pension Fund charges a processing fee for advance withdrawals of CHF 300..
8 9 General provisions and definitions General provisions and definitions Art. 9 Relationship to other insurance schemes 1 The benefits payable by the GastroSocial Pension Fund are deferred for as long as daily benefits from the health or accident insurance are due. 2 The benefits of the GastroSocial Pension Fund are reduced if these benefits together with the creditable income of the insured exceed 90 % of the gross salary before the occurrence of incapacity for work. The creditable income includes all benefits that are being paid when the reduction is on the table (except for care allowances for persons unable to look after themselves, lump sum settlements and similar benefits), in particular: 3 If a third party is liable for an insured event, the claims of the insured, his/her surviving dependants and other beneficiaries pursuant to art. 20a BVG must be assigned to the GastroSocial Pension Fund at the time of the insured event up to the amount equalling the statutory benefits. As far as the extra-mandatory insurance is concerned, the GastroSocial Pension Fund may demand that the insured person assigns his/her claims against liable third parties to the Pension Fund up the amount of the benefits payable by the latter. a) paid by the AHV, disability insurance, accident insurance or military insurance b) paid by other Swiss or foreign social insurance schemes c) Salary and salary replacement benefits (e.g. daily sickness benefits or daily unemployment benefits) d) paid by the insured s own or another Pension Fund e) from a liable third party Recipients of disability benefits are also credited for any continued income from gainful employment or replacement income or any income which the insured can still be reasonably expected to earn as well as any pensions or lump sum payments paid or payable as pension compensation to the spouse or partner following a divorce or legal separation pursuant to art. 122 ZGB. The income received by the surviving spouse or registered partner and the orphans are added together. Any creditable benefits in lump sum form are converted into equivalent pension amounts in accordance with the GastroSocial Pension Fund s actuarial tables.
10 11 Financing Art. 10 Contributions Art. 11 Retirement account/retirement credits 1 The contributions consist of the following: Contributions as a percentage of the coordinated salary Age for men Age for women Risk contribution Savings contribution Total contribution 18 24 18 24 1.4 % 0 % 1.4 % 25 34 25 34 3.6 % 7 % 10.6 % 35 44 35 44 3.6 % 10 % 13.6 % 45 54 45 54 3.6 % 15 % 18.6 % 55 65 55 64 3.6 % 18 % 21.6 % 66 70 65 70 0 % 18 % 18 % The risk contributions for affiliations with a higher risk structure are defined in the affiliation contract. 2 The contributions are calculated on the basis of the monthly coordinated salary. 3 The insured person pays 50 % of the contributions at most. Selfemployed individuals must pay the total contribution themselves. 4 An insured person s obligation to pay contributions lapses when he/ she has been unable to work for a continuous period of 3 months, and the contributions will not be collected until the end of the incapacity for work, but at the latest until the end of the employment relationship. The waiver of contributions for disability begins after the waiting period of 3 months from the beginning of the incapacity for work, the cause of which led to disability, and continues to apply until the insured returns to work or reaches retirement age. 5 The GastroSocial Pension Fund may require the business establishment to pay instalments based on the coordinated salaries of all insured as specified in the affiliation agreement. 1 The following retirement credits are credited to the retirement account of the insured person: Age Retirement credit as a percentage of the coordinated salary 25 34 7 % 35 44 10 % 45 54 15 % 55 70 18 % 2 Interest is earned at the interest rate determined by the board of trustees. 3 Vested benefits brought into the Pension Fund from previous pension relationships are also credited to the retirement account until the regulatory benefits have been purchased in full. Vested benefits exceeding this amount cannot be brought into the GastroSocial Pension Fund. 4 Voluntary purchases by the insured person are also credited to the retirement account. These may not, however, exceed the sum of the interest-bearing retirement credits pursuant to art. 11 par. 1 regulations, expressed as a percentage of the coordinated salary at the time when the purchase amount is paid in, for the period from the age of 25 to the purchase date, minus the account balance on the purchase date. Such purchases are deemed equivalent to vested benefits from earlier employment relationships. If an insured is fully capable of working, purchases can be made until the claim to retirement benefits arises. The business establishment can participate financially in a purchase. Additional benefits that were purchased may not be withdrawn in the form of a lump sum within the next 3 years. If the insured has made an advance withdrawal to finance residential property, voluntary purchases may only be made after the advance withdrawal has been repaid.
12 13 5 Termination benefits or pensions that were awarded on the basis of a divorce are credited in proportion to the mandatory retirement assets and other retirement assets that were debited to the liable spouse/partner. 6 After divorce, active insured persons have the option of making additional purchases to make up the termination benefit that was transferred. The amounts paid in again are credited at the same ratio as they were debited to the mandatory retirement assets and other retirement assets. 7 After divorce, recipients of disability pensions have the option of making purchases towards the retirement assets that continue to be accrued within the framework of the termination benefit that has been transferred (art. 124 par. 1 ZGB). The provisions governing voluntary purchases (art. 11 par. 4 regulations) apply mutatis mutandis. The amounts paid in again are credited at the same ratio as they were debited to the mandatory retirement assets and other retirement assets. 8 The GastroSocial Pension Fund can charge a processing fee for the management of non-contributory insurance relationships. Art. 12 Retirement benefits 1 The insured person is entitled to a lifelong retirement pension after reaching retirement age. If the insured stops working for his/her current employer within a maximum period of 5 years before retirement age, and if there is no entitlement to disability benefits from the Pension Fund and/or if no disability benefits have been applied for from the Federal Disability Insurance, he/she can request the early payment of retirement benefits. The amount of the annual BVG retirement pension is calculated using the minimum conversion rate pursuant to art. 62c of the Ordinance on Occupational Retirement, Survivors and Disability Pension Plans (BVV 2): Regular retirement age Conversion rate in % Men Women 65 64 6.80 % The conversion rate for the extra-mandatory insurance is 6.5 % at the regular retirement age. For early retirement up to 5 years before the regular retirement age the conversion rate for the mandatory and the extra-mandatory assets is reduced by 0.2 % each per year of early retirement. If the insurance is continued past the regular retirement age (art. 19 regulations), the conversion rate increases by 0.2 % per year of deferral.
14 15 2 If the insured person becomes entitled to claim a retirement pension during the divorce proceedings, the GastroSocial Pension Fund shall reduce the part of the termination benefit that is to be transferred pursuant to art. 123 ZGB and the retirement pension. The reduction corresponds to the sum by which the pension payments would have been lower up until the entry into force of the divorce decree, if the calculation thereof had been based on the assets reduced by the part of the termination benefit that is to be transferred. The reduction is divided equally between the two spouses. 4 Every child is entitled to a pensioner s child s pension equalling 20 % of the retirement pension until his/her 20 th birthday. The claim remains valid past the age of 20 but not longer than the 25 th birthday for children who are still in education and children who are at least 70 % disabled. 5 Retirement pensions and pensioner s child s pensions are adjusted to inflation within the limits of the GastroSocial Pension Fund s financial resources. 3 a) Instead of a retirement pension, insured can request payment of part or all of the retirement benefits in the form of a lump sum. This request must be submitted in writing before or on the actual retirement date. b) It is possible to withdraw 25 % or 50 % of the retirement assets in the form of a lump sum if the remaining retirement pension equals at least 10 % of the minimum single AHV retirement pension. c) If the insured is married or living in a registered partnership, a lump sum payment is only possible with the written consent of the spouse or registered partner. d) If disability benefits were drawn from the GastroSocial Pension Fund before the regular retirement age, the available retirement assets cannot be paid out in lump sum form (exception art. 6 par. 3 regulations). e) Additional benefits that were purchased may not be withdrawn in the form of a lump sum within the following 3 years. f) When the full capital is paid out, all claims against the GastroSocial Pension Fund lapse. If part of the capital is paid out as a lump sum, all claims are reduced correspondingly.
16 17 Art. 13 Disability benefits 1 An insured is considered to be disabled if he/she has been classified as at least 40 % disabled by the Federal disability insurance (IV). 2 The insured is entitled to a disability pension as follows if he/she has been classified by the IV as at least 70 % disabled: full pension 60 % disabled: three-quarter pension 50 % disabled: half pension 40 % disabled: quarter pension 3 At retirement age, the disability benefits are replaced by retirement benefits that equal at least the BVG disability benefits at retirement age. 4 If an insured person is the recipient of a disability pension and reaches the retirement age in accordance with the regulations during the course of the divorce proceedings, the GastroSocial Pension Fund shall reduce the termination benefit pursuant to art. 124 par. 1 ZGB and the pension. The reduction corresponds to the sum by which the pension payments would have been lower between reaching the retirement age in accordance with the regulations and the entry into force of the divorce decree, if the calculation thereof had been based on the assets reduced by the part of the termination benefit that is to be transferred. The reduction is divided equally between the two spouses. 7 Every child is entitled to a disabled person s child s pension equalling 10 % of the coordinated salary until his/her 20 th birthday. The claim remains valid past the age of 20 but not longer than the 25 th birthday for children who are still in education and children who are at least 70 % disabled. 8 Disability pensions and disabled person s child s pensions that have been paid for more than 3 years are adjusted to inflation according to the Federal Council s instructions for BVG minimum benefits. 9 The average of the salary paid for the last 12 months before the occurrence of the incapacity for work is used to calculate the applicable coordinated salary. Salary increases of more than CHF 500. during this period are not included in the calculation. In justified exceptional cases, however, the GastroSocial Pension Fund can deviate from this principle. 10 The GastroSocial Pension Fund reduces, withdraws or refuses its benefits if the eligible person has caused or worsened the disability through gross negligence or on purpose or while perpetrating a premeditated crime or offence or resists the IV s efforts to reintegrate him/her into the workforce. The GastroSocial Pension Fund is also not obliged to compensate the insured for any benefit refusals or reductions by the accident or military insurance. 11 The benefits are suspended if the insured is imprisoned. 5 The full disability pension equals 40 % of the coordinated salary. 6 The insured s retirement account is continued with retirement credits and interest during his/her disability.
18 19 Art. 14 Death benefits 1 A partner is: a) the spouse b) the registered partner pursuant to the Partnership Law (PartG) c) life partners registered with the GastroSocial Pension Fund during the insured person s lifetime, provided that the insured lived with his/her partner in the same household for at least 5 years without interruption or the surviving partner is responsible for the maintenance of one or more joint children The life partner can only be registered if both the partner and the insured person are unmarried or do not have a registered partner as defined by the Swiss Partnership Act (PartG). Life partners must not be related to one another. The life partner can only be registered using the relevant form, which can be obtained from the Pension Fund. 2 If an active insured dies, the partner is entitled to a partner s pension, provided that the partnership lasted for at least 5 years or the partner is responsible for the maintenance of one or more joint children. The duration of the marriage, the registered partnership or the life partnership can be cumulated. Death benefits only fall due when the continued salary payments stop. 3 If the insured person dies before receiving a retirement or disability pension, the partner s pension equals 25 % of the coordinated salary. If the recipient of a retirement or disability pension dies, the partner s pension equals 60 % of the retirement or disability pension, without taking account of any reduction due to overcompensation. Voluntary purchases are paid out to the partner or, if none, the beneficiaries pursuant to art. 14 par. 6 regulations in the event of death, unless they are needed to finance the survivors pensions. 4 If the partner is not entitled to a partner s pension, he/she can claim a lump sum payment to the amount of 3 annual partner s pensions. 5 The claim to a partner s pension lapses if the partner remarries, enters into a new registered partnership or live-in relationship, or dies. 6 If the insured person dies before reaching retirement age and/or before receipt of a retirement benefit and if no partner s pension or lump sum payment falls due, 50 % of the retirement assets financed by contributions, 50 % of the vested benefits brought into the fund and the total amount of all voluntary purchases are paid to the following persons: a) Natural persons supported to a considerable extent by the insured or the person with whom the insured lived in a domestic partnership without interruption during the last 5 years before his/her death (with a joint official place of residence), or the person responsible for supporting one or more joint children. b) In the absence of beneficiaries under a): All the children of the deceased, if none, the parents.
20 21 If an advance withdrawal is made to finance residential property or if part of the vested benefits must be paid out to the partner under a divorce decree, the retirement assets financed by contributions, the vested benefits brought into the fund and the voluntary purchases are reduced proportionally. 7 Every child of the deceased insured is entitled to an orphan s pension equalling 10 % of the coordinated salary up to his/her 20 th birthday. The claim remains valid past the age of 20 but not longer than the 25 th birthday for children who are still in education and children who are at least 70 % disabled. The children of a deceased recipient of a retirement or disability pension receive an orphan s pension of 20 % of the last retirement or disability pension. 10 The applicable coordinated salary is calculated in accordance with art. 13 par. 9 regulations. 11 The GastroSocial Pension Fund reduces, withdraws or refuses its benefits if the eligible person has caused the death through gross negligence or on purpose or while perpetrating a premeditated crime or offence. The GastroSocial Pension Fund is also not obliged to compensate the insured for any benefit refusals or reductions by the accident or military insurance. 8 The divorced spouse is treated on an equal footing with the spouse, provided that the marriage lasted for at least ten years and the divorce decree awarded the divorced spouse a pension pursuant to art. 124e par. 1 ZGB or art. 126 par. 1 ZGB. The claim is limited to the minimum claim under the BVG. The GastroSocial Pension Fund s benefits are reduced by the amount by which it, in conjunction with survivors benefits from the AHV, exceeds the claim under the divorce decree. Survivors pensions paid by the AHV are only credited if they exceed the spouse s own claim to a disability pension from the IV or a retirement pension from the AHV. Divorced spouses who were awarded a pension or lump sum payment to purchase a life annuity before 1 January 2017 are entitled to survivors benefits under the law that applied until 31 December 2016. 9 Survivors pensions that have been paid for more than 3 years are adjusted to inflation according to the Federal Council s instructions for the BVG minimum benefits until the eligible person reaches the regular retirement age.
22 23 End of employment relationship End of employment relationship Art. 15 Vested benefits 1 Insured who leave the GastroSocial Pension Fund before an insured event occurs are entitled to vested benefits. The vested benefits are transferred to the Pension Fund of the new employer in accordance with the insured person s instructions. 2 The vested benefits equal the total accrued retirement assets, but at least the sum of a) the vested benefits brought into the Pension Fund and any single contributions, plus interest. b) the contributions (plus interest) paid by the insured person to finance the retirement credits, whereby the minimum interest rate adopted by the Federal Council is applied. 4 The Foundation determines which documents must be submitted to prove the insured s claim to the cash payment of the vested benefits. Married insured and insured who live in a registered partnership must also obtain the written consent of the partner. 5 If the vested benefits cannot be transferred to a new Pension Fund or paid out in cash, pension cover is maintained free of contributions by the GastroSocial Pension Fund. Pension cover is provided for the amount of the interest-bearing vested benefits, an annual disability pension equalling 6.8 % of the retirement assets or a lump sum death benefit pursuant to art. 14 par. 6 regulations, unless another Pension Fund is liable to pay benefits. The insured can also request the transfer of the vested benefits to a vested benefits policy or a vested benefits account. c) a premium of 4 % per year from 1 January of the year following the 20 th birthday, but not more than 100 % of the amount under b). 3 In the following cases the vested benefits are paid out in cash on request of the insured person: a) If the insured permanently leaves Switzerland and will not be subject to mandatory insurance cover in an EU or EFTA country (does not apply to the extra-mandatory vested benefits). b) If the insured takes up self-employment as his/her primary occupation and is no longer subject to the BVG (a payout is only possible within 1 year after the insured has taken up self-employment). c) If the vested benefits equal less than 1 annual contribution by the insured.
24 25 End of employment relationship Continued insurance Art. 16 Change of employer Art. 18 Continued insurance of previous pensionable salary If the withdrawing insured enters into a new employment relationship with another business establishment affiliated with the GastroSocial Pension Fund, he/she will remain insured with the GastroSocial Pension Fund in accordance with the pension plan of the new employer. Art. 17 Temporary extended cover after withdrawal The death and disability benefits insured on withdrawal of the employee remain insured without any changes until the beginning of a new employment relationship, but at the longest for 1 month. Any claims arising in this period will be reduced by the amount of vested benefits already paid out. 1 Insured whose salary is reduced by one-half at most after the age of 58 can continue their pension cover for the previous pensionable salary. Insurance cover for the previous pensionable salary can be continued until the insured reaches the regular retirement age at most. 2 In deviation of art. 10 par. 3 regulations the insured must pay both his/her personal contributions and the contributions of the employer to the Pension Fund on this hypothetical component of the salary. These contributions are deducted from his/her salary by the business establishment and transferred to the GastroSocial Pension Fund. The employer may participate in the contributions for the hypothetical component. 3 Coordination pursuant to art. 9 par. 2 regulations is applied to 90 % of the continued salary on occurrence of incapacity for work. Art. 19 Gainful employment after regular retirement age 1 On request of the insured the employee benefits insurance can be continued after he/she reaches the regular retirement age until he/she stops working, but at the longest until the age of 70. The application for continued pension coverage must be submitted before the insured reaches the regular retirement age. 2 The obligation to pay savings contributions pursuant to art. 10 regulations continues to apply. 3 The insured is no longer entitled to a disability pension. If the insured becomes (entirely or partially) incapable of working, the total retirement benefits will fall due after 3 months. In the event of death the partner s pension pursuant to art. 14 par. 1 and 2 regulations equals 60 % of the retirement pension to which the insured would have been entitled at the time of his/her death. The orphan s pension equals 20 % of the retirement pension to which the insured would have been entitled at the time of his/her death.
26 27 Supplementary insurance Supplementary insurance Art. 20 Scala Top supplementary insurance (for higher salaries) 1 Insured persons: The business establishment can apply objective criteria to set up groups of persons who are entitled to enrol with the supplementary insurance. The GastroSocial Pension Fund can refuse to enrol individuals with a higher health risk. 2 Health proviso: The person to be insured must complete a personal health questionnaire. The GastroSocial Pension Fund can also instruct the applicant to go for a medical check-up with a doctor appointed by the Pension Fund. If there is a higher risk, the GastroSocial Pension Fund can apply one or more provisos for insurance cover. A proviso can also be applied subsequently if it becomes clear that the insured provided incorrect information on or failed to inform the Pension Fund of a considerable risk of which he/she was or should have been aware. Provisos only apply to the extra-mandatory insurance. Pension benefits financed with the vested benefits brought into the Pension Fund may not be reduced by a new health proviso. The expired proviso period with the former pension scheme must be deducted from the new proviso period. The insured must be informed in writing of the reason for and duration of the proviso. A proviso can be applied for a maximum of 5 years. If an insured event for which a proviso was adopted occurs during the proviso period, the obligation of the GastroSocial Pension Fund to pay benefits will be reduced permanently to the benefits for the coordinated salary pursuant to art. 5 par. 1 regulations. 3 Pensionable salary: The monthly gross salary subject to AHV contributions from CHF 7 050. to a maximum of CHF 70 500. is insured. 4 The risk contribution for insured persons aged between 18 and 24 corresponds to the risk contribution set out in art. 10 par. 1 regulations. The contributions from age 25 are calculated as a percentage of the coordinated salary. Contributions as a percentage of the coordinated salary Age for men Age for women Risk contribution Savings contribution Total contribution 25 34 25 34 3.6 % 7 % 10.6 % 35 44 35 44 3.6 % 10 % 13.6 % 45 54 45 54 3.6 % 15 % 18.6 % 55 65 55 64 3.6 % 18 % 21.6 % The risk contributions for affiliations with a higher risk structure are defined in the affiliation contract. 5 The following retirement credits are credited to the account of the insured: Age for men Age for women Retirement credit as a percentage of the coordinated salary 25 34 25 34 7 % 35 44 35 44 10 % 45 54 45 54 15 % 55 65 55 64 18 % 6 The other benefits correspond to the benefits for the mandatory insurance, applied to the pensionable salary under the Scala Top pension plan. 7 The regulatory provisions of the mandatory employee benefits insurance apply mutatis mutandis in all other respects.
28 29 Supplementary insurance Supplementary insurance Art. 21 Scala Plus supplementary insurance (for higher salaries and better benefits) 1 Insured persons: The business establishment can apply objective criteria to set up groups of persons who are entitled to enrol with the supplementary insurance. The GastroSocial Pension Fund can refuse to enrol individuals with a higher health risk. 2 Health proviso: The person to be insured must complete a personal health questionnaire if his/her gross monthly salary subject to AHV contributions is more than four times the minimum BVG salary (currently CHF 7 050. ). The GastroSocial Pension Fund can also instruct the applicant to go for a medical check-up with a doctor appointed by the Pension Fund. If there is a higher risk, the GastroSocial Pension Fund can apply one or more provisos for insurance cover. A proviso can also be applied subsequently if it becomes clear that the insured provided incorrect information on or failed to inform the Pension Fund of a considerable risk of which he/she was or should have been aware. Provisos only apply to the extra-mandatory insurance. Pension benefits financed with the vested benefits brought into the Pension Fund may not be reduced by a new health proviso. The expired proviso period with the former pension scheme must be deducted from the new proviso period. The insured must be informed in writing of the reason for and duration of the proviso. A proviso can be applied for a maximum of 5 years. If an insured event for which a proviso was adopted occurs during the proviso period, the obligation of the GastroSocial Pension Fund to pay benefits will be reduced permanently to at most the benefits pursuant to art. 13 and 14 regulations and for the coordinated salary pursuant to art. 5 par. 1 regulations. 3 Pensionable salary: The insurance covers the monthly gross salary subject to AHV contributions from CHF 1 762.50 to a maximum of CHF 70 500. or the total gross salary subject to AHV contributions under the Integral pension plan. 4 The risk contribution for insured persons aged between 18 and 24 corresponds to the risk contribution set out in art. 10 par. 1 regulations. The contributions from age 25 are calculated as a percentage of the coordinated salary. Contributions as a percentage of the coordinated salary Age for men Age for women Risk contribution Savings contribution Total contribution 25 34 25 34 3.6 % 9 % 12.6 % 35 44 35 44 3.6 % 12 % 15.6 % 45 54 45 54 3.6 % 17 % 20.6 % 55 65 55 64 3.6 % 20 % 23.6 % The risk contributions for affiliations with a higher risk structure are defined in the affiliation contract. 5 The following retirement credits are credited to the account of insured persons from the age of 25: Age for men Age for women Retirement credit as a percentage of the coordinated salary 25 34 25 34 9 % 35 44 35 44 12 % 45 54 45 54 17 % 55 65 55 64 20 % 6 The disability pension equals 50 % of the pensionable salary. The partner s pension equals 30 % of the pensionable salary. These benefits include the benefits payable under the mandatory employee benefits insurance. 7 The regulatory provisions of the mandatory employee benefits insurance apply mutatis mutandis in all other respects.
30 31 Supplementary insurance Final provisions Art. 22 Flexible improvement of pension plans Art. 23 Sanctions Business establishments with an annual gross payroll total subject to AHV contributions from CHF 3 million can offer better benefits in agreement with the GastroSocial Pension Fund, in which case the contribution rate will be adjusted to the circumstances. 1 If the business establishment falls behind with contribution payments or does not file all the documents requested by the Pension Fund on time, the GastroSocial Pension Fund can levy fees and interest on arrears of up to 8 % on the business establishment. In serious cases the GastroSocial Pension Fund can cancel the insurance cover for the business establishment and exclude the business establishment from the Foundation with a notice period of 30 days to the end of a month. 2 The Foundation has the right to withdraw from the agreement retroactively within 3 months of finding out that the business establishment failed to notify it of persons incapable of working or benefit cases when the agreement was concluded. Art. 24 Financing in the event of an actuarial deficiency If there is an actuarial deficiency, the board of trustees can decide within the limits of the law to implement measures suited to the elimination of the deficit (e.g. contribution increases, interest rate cuts, benefit reductions). Art. 25 Termination of affiliation agreement 1 The GastroSocial Pension Fund can terminate the affiliation agreement in compliance with the statutory notice periods. 2 If the affiliation agreement is terminated, the GastroSocial Pension Fund will assign all pension recipients to the new Pension Fund. The GastroSocial Pension Fund will transfer the actuarial reserves to the new Pension Fund.
32 Final provisions Art. 26 Entry into force/amendments 1 These regulations enter into force on 1 January 2018 and replace all previous versions of the regulations. A copy of the regulations is given to every insured on request. 2 The board of trustees may amend these regulations at any time in compliance with the statutory provisions. The supervisory authorities will be informed of all the amendments. Imprint Content and layout: Photo: GastroSocial, Aarau Riechsteiner Fotografie Christa Minder Micha Riechsteiner Worb The printed matters are released in German, French, Italian and English and are also available on the website at gastrosocial.ch/download. The German version of the regulations is decisive. 2017, GastroSocial, 5001 Aarau ISO 9001: 2008 / GoodPriv@cy
GastroSocial Pensionskasse Caisse de pension Cassa pensione Pension Fund Postfach 2304 5001 Aarau T 062 837 71 71 F 062 837 72 97 info@gastrosocial.ch gastrosocial.ch Institution GastroSuisse