Für Ihre soziale Sicherheit Rules Basic Pension Fund

Transcrição

Für Ihre soziale Sicherheit Rules Basic Pension Fund
Rules Basic Pension Fund
Stand: 01.01.2015
Für Ihre soziale Sicherheit
Rules l Sulzer Pension Plan
Table of contents
I
Trust, purpose of the pension plan
Article
1 Trust
2 Terms of acceptance
3 Ability to work
4 External insured persons / insurance on leave
5 Termination of insurance
6 Relevant annual salary/insured salary
7 Retirement capital/retirement credits
II Income
Article
8 Premiums
9 Transferable retirement capital / voluntary purchases
III Benefits of the pension plan
Article
10
11
12
13
14
15
16
17
18
19
20
21
22
Insured benefits
Retirement pension / capital sum payable on retirement
Bridging pension
Retirement at the request of the company
Retirement children’s pension
Disability
Disabled person’s children’s pension
Spouse’s pension
Benefits in case of a live-in relationship similar to marriage
Orphan's pension
Capital sum payable on death
Withdrawal benefit
Utilization of the withdrawal benefit
IV Special conditions
Article 23
24
25
26
27
28
29
30
31
Conditions of payment
Allowance for third-party benefits
Claims against liable third parties
Set-off claims
Guaranteeing pension benefit
Information to the insured
Duty to provide information and report
Advance withdrawal, pledge, duty to provide information
Divorce
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V Assets of the pension plan
Article 32 Assets / liabilities
33 Benefit improvement
34 Company's premium reserve
VI Organization
Article 35 Executive bodies of the trust
36 Board of trustees
37 Deputies
38 Duties of the board of trustees
39 Adoption of resolutions
40 Auditing / shortfall in cover
41 Accounting; investment of assets
VII Concluding and transitional conditions
Article 42 Application, amendment of the rules
43 Termination of affiliation contracts, liquidation of the trust
44 Disputes
45 Transitional conditions
46 Effective date
Enclosure:
Applicable amounts
Appendix 1: Tables
Appendix 2a: Support contract
Appendix 2b: Beneficiaries to capital sum payable on death
Appendix 3: Maximum potential retirement capital
Appendix 4: Additional conditions for external membership
1.1.2015
1
Terms
Employees
Persons employed by the company.
Insured persons
Employees accepted into the pension plan.
Company
Sulzer AG and those companies which have entered into an
affiliation contract (with the consent of the employees or any
employee representative body) with the pension plan.
Pension plan
The trust for provision of
Vorsorgeeinrichtung" SVE).
AHV/IV
Swiss retirement and surviving dependants’ social security
insurance (AHV) and Swiss disability insurance.
BVG
Federal law covering occupational retirement, surviving
dependants and disability provision.
BVV 2
Ordinance on occupational
disability pension plans.
UVG
Federal law covering accident insurance.
Registered partnership
A registered partnership in accordance with the Swiss
partnership law (PartG).
pension benefits
retirement,
("Sulzer
survivors'
and
The regulations applicable to the spouse (incl. requirement of
signature in cases of lump sum benefit payment, asset
withdrawal, pledging, cash payment and divorce) apply
correspondingly to registered partners in accordance with the
partnership law.
Regular retirement age
Age on the first day of the month following the insured's 65th
birthday.
Where masculine or feminine forms are used below for persons, these shall apply to both
men and women.
The German language version of the rules is binding.
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I
Trust, purpose of the pension plan
Article 1
Trust
1 A trust exists under the name "Sulzer Vorsorgeeinrichtung" (Sulzer Pension
Plan) within the meaning of Article 80 et seq. of the Swiss Civil Code, Article 331
et seq. of the Swiss Code of Obligations and Article 48 et seq. of the federal law
covering occupational retirement, surviving dependents and disability insurance
(BVG). The trust's principal place business is Winterthur.
2 The purpose of the pension plan is to provide pension benefits for the
employees of its affiliated company after retirement and in the event of disability
and for their surviving dependants after their death. It will maintain the obligatory
occupational retirement, surviving dependants’ and disability pension funds in
accordance with the BVG, and is registered for this purpose in the occupational
pension register.
3 The pension plan will maintain the providential fund in accordance with the
terms of these rules on its own account and at its own risk.
4 The pension plan will in each case guarantee at least the benefits in
accordance with the BVG. For this purpose it will provide a statement for each
insured person indicating the retirement capital and the minimum benefits in
accordance with the BVG.
5
The pension plan will be managed by a board of trustees.
Article 2
Terms of
acceptance
1
Those employees of the company shall be accepted into the pension plan
a) who have reached the age of 17, and
b) whose annual salary (Art. 6 par. 2) exceeds the minimum salary under Art. 2
BVG (see enclosure).
The provisions of par. 2 remain reserved. Enrolment takes place when the
employment relationship begins, but not before January 1 following the 17th
birthday for cover against the risks of death and disability and January 1 following
the 24th birthday for retirement cover.
2
The following persons are not enrolled with the pension plan:
a) Employees who have passed the age of 65;
b) Employees who already have mandatory insurance cover elsewhere for their
principal position of employment or who are primarily self-employed;
c)
Employees who are at least 70% disabled as defined by the disability
insurance (IV);
d) Employees with a fixed-term employment contract of up to three months. If
the fixed-term employment contract is extended past three months, the
obligation to provide insurance cover commences on the date on which the
extension of the contract was agreed;
e) Employees who are not employed in Switzerland or who are unlikely to be
3
employed in Switzerland on a permanent basis and who are adequately
insured outside Switzerland, provided that they request to be exempted from
enrolment in the pension plan.
The pension plan does not insure salary components which employees earn
with other companies (Art. 46 par. 2 BVG).
3 Provided that they comply with the terms of acceptance into the pension plan,
trainees, part-time workers, and also employees who are employed only as
casual staff or on a temporary basis are also included among the employees
eligible for insurance, except where their contract of employment is limited in
advance to a maximum of three months.
4 Employees rejoining the company will be treated in the same way as new
staff.
Article 3
Ability to work
1 If an insured person is fully able to work on joining the pension plan, he will be
entitled to benefits under these rules.
2 If an insured person is not fully able to work before or on joining the pension
plan but has not been declared disabled as defined by the BVG, and the cause of
the inability to work fully leads to disability or death within the period defined by
the BVG, he will not be entitled to benefits under these rules. If the insured person
was insured with another pension scheme at the time the inability to work
commenced, this pension scheme is liable to pay benefits.
Article 4
External
insured
persons/insurance on
leave
1 Insured persons whose employment with the company is terminated may
continue to be insured as external insured persons. The board of trustees will lay
down additional conditions (appendix 4).
2 With the consent of the company, insured persons who are employed by an
affiliated company outside the EU/EFTA area and who pay voluntary AHV
contributions under Art. 2 AHVG (federal social security law) can continue to be
insured.
3 Insured persons who have been granted leave by the company for not more
than two years may remain in the pension plan. The insurance will be maintained
and the insured benefits will be determined on the basis of the accrued retirement
capital and any contributions which continue to be paid.
Article 5
Termination of
insurance
1 If the employment of an insured person is terminated other than by retirement,
disability or death, this will result in withdrawal from the pension plan; the terms of
Article 4 apply. The leaving insured person may claim withdrawal benefit in
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accordance with Article 21.
2 The insured person will continue to be insured against disability and death
until the commencement of a new employment, but for no longer than one month
after the termination of the previous employment. If the withdrawal benefit has
already been paid out, it may be set off against disability or surviving dependants’
benefits falling due for payment.
3 If the pension plan must pay survivors' or disability benefits after the
withdrawal benefits have already been paid out, the withdrawal benefits required
to finance the survivors' or disability benefits must be repaid to the pension plan. If
this amount is not repaid, the pension plan will reduce the survivors' and disability
benefits.
Article 6
Relevant
annual
salary/insured
salary
1 The insured salary equals the relevant annual salary pursuant to par. 2 minus
the coordination offset pursuant to par. 3. The maximum insured salary and the
maximum coordination offset are revised and fixed annually by the board of
trustees (see enclosure).
2 The relevant annual salary in the sense of these rules is based on the salary
system in use by the affiliated companies; the salary includes the annual salary
(usually 13 monthly salaries). The flexible salary components (bonus, variable
salary component, allowance for shift work) earned during the past 12 months
and notified to the pension plan by the affiliated companies can also be insured.
Family and children's allowances as well as other parts of the salary which are
only payable occasionally or temporarily will not be taken into account. Shares of
salary which are earned with other employers are excluded. Losses in salary due
to illness, accident, military service, or short-time working are not deducted.
3 The co-ordination offset amount is equivalent to 40% of the relevant salary,
but in any case will not exceed the maximum fixed by the board of trustees (see
enclosure).
4 The insured salary will be fixed initially when an employee is accepted into the
pension plan. Later adjustments are based on the salary system applied by the
company in accordance with the affiliation contract. Par. 5, 6 and 8 remain
reserved.
5 If the employment level of an insured person is reduced, the insured salary
will be recalculated. If the insured salary falls below the minimum salary pursuant
to Art. 2 BVG, the insured person cannot continue to be insured and must leave
the pension plan.
At the written request of the company, the previous annual salary can continue to
be insured for up to two years. The company organizes collection of the premium.
6 Insured persons aged between 58 and 65 whose annual salary is reduced by
up to 50% can continue to insure their previous relevant annual salary. The
employer organizes collection of the premium.
7 The insured salary which is relevant for the determination of the disability
pension (or survivors’ pensions for active insured) corresponds to the average of
5
the insured salaries on which contributions were collected in the three years
before occurrence of the insured event.
8 For partly disabled insured, the maximum insured salary and maximum
coordination offset are reduced to correspond to the entitlement to a disability pension
(Art. 15).
Article 7
Retirement
capital/retirement credits
1 An individual retirement account is kept for each insured which reflects their
retirement capital. The retirement capital consists of:
a) the retirement credits plus interest;
b) the withdrawal benefits brought into the pension plan, plus interest;
c) any voluntary purchases of additional benefits, plus interest;
d) all other deposits plus interest,
minus any advance withdrawals to finance residential property or as a result of
divorce, plus interest.
2 The retirement accounts of all insured who are at least 25 years old are
credited with a retirement credit in accordance with appendix 1 at the end of every
calendar year.
3
a)
b)
c)
The following conditions apply to the management of the retirement account:
The rate of interest is determined by the board of trustees.
Interest is calculated on the accrued retirement capital at the end of the
previous year and is credited to the retirement capital at the end of each
calendar year. The retirement credits for the calendar year in question are
added to the retirement capital without interest.
If an insured brings his transferable retirement capital into the pension plan or
buys additional retirement benefits, these amounts will earn interest for the
calendar year in question from the date of receipt of the payment.
d) If an insurance claim arises or an insured leaves the pension plan during the
course of a calendar year, the interest for the current calendar year is
calculated on the basis of the accrued retirement capital at the end of the
previous year and credited pro rata for the period for which he was insured.
He also receives a pro rata retirement credit for the period for which he was
insured during the calendar year in question.
4 In the event of total disability, the retirement capital continues to earn interest
and the insured continues to receive retirement credits. This commences when
the claim to a disability pension from the pension plan arises and ends when the
disability pension is discontinued. The retirement credits are based on the insured
salary at the time the insured became unable to work and the regulatory
retirement credits as a percentage of the insured salary.
5 In the event of partial disability, the accrued retirement capital at the time the
entitlement to a disability pension from the pension plan arises and the insured
salary at the time the inability to work commences will be divided into two parts
according to the entitlement to a disability pension. The part of the retirement
capital relating to the disability will continue to be managed as for a fully disabled
insured in accordance with par. 4, and the part relating to active employment as
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for an insured who is fully able to work.
II
Income
Article 8
Premiums
1 The contributions to be paid by the company and by the insured are set out in
appendix 1.
2 The insured can pay their contributions according to the SVE Basic plan,
Comfort plan or Superplan (appendix 1). The choice is made on joining the
pension plan. In the absence of any written notification, the SVE Basic plan will
apply. The chosen savings plan can be changed annually with effect as of July 1
of a given calendar year. The pension plan must be notified of this in writing by
May 31 at the latest using the application form available on the Internet. In the
absence of any written notification, the savings plan last selected will remain in
force.
3 The insured's contributions are deducted from their salaries in 12 monthly
instalments and transferred to the pension plan on a monthly basis.
The company's contributions will be transferred to the pension plan together with
the insured's contributions or will be debited to the employer contribution
reserves, if any.
4 The contributions of the company and the insured under the rules can
temporarily be financed in part or in full by another pension plan if the plan in
question provides for a corresponding purpose. The beneficiaries are to be
informed of the scale and duration of any reductions in contributions.
5 The obligation to pay contributions commences upon enrolment with the
pension plan, but not before January 1 following the 17th birthday (Art. 2), and
ends, subject to par. 6, when
a) the insured reaches the age of 65,
b) the employment relationship is terminated,
c) the insured earns less than the minimum salary pursuant to Art. 2 BVG (see
enclosure).
6 In the event of an accident, illness or military service the insured remains
obliged to pay contributions for as long he receives a salary or any salary
replacement benefits. The contributions will be deducted from the continued
salary or from the salary replacement benefit.
7 The waiver of contributions in the event of disability commences when the
claim to a disability pension from the pension plan arises and ends when the
disability pension is discontinued. Calculations are based on the insured salary at
the time the inability to work begins and the entitlement to a disability pension
from the pension plan (see Art. 7 par. 4 and 5).
Article 9
Transferable
retirement
1 The transferable retirement capital from a previous pension scheme must be
transferred to the pension plan on enrolment. The transferable retirement capital
7
capital /
voluntary
purchases
is credited to the insured as retirement capital.
2
The transferable retirement capital is payable on enrolment with the pension
plan.
3 The insured must allow the pension plan to inspect the statements regarding
the transferable retirement capital issued by the previous pension scheme.
4 The insured must notify the pension plan if he was a member of a vested
benefits institution and of the form of insurance cover provided by this institution.
The vested benefits institution must transfer the insured's retirement capital to the
pension plan when the insured enrols with the pension plan.
5 An insured who is fully able to work may increase his or her retirement capital
and the insured benefits by making one or more voluntary purchases. The
relevant maximum retirement capital corresponds to the sum of the retirement
credits (appendix 3). The maximum purchase amount in any given case is
determined by calculating the difference between the maximum permissible
retirement capital and the retirement capital accrued at the time of the purchase.
The determining age is the insured salary at the time of the purchase.
Purchases after age 65 are permitted up to the amount of the target benefit at
regular retirement age.
The pension plan gives no guarantee that such voluntary contributions will be tax
deductible.
6 The company can pay the costs for purchasing additional benefits on behalf
of the insured.
7 If repayment of advance withdrawals to finance residential property is no
longer possible owing to age limitations, the insured may make voluntary
contributions before retirement benefits become due provided that these
purchases together with the amounts withdrawn do not lead to retirement benefits
in excess of the maximum claimable amount.
8 Persons moving to Switzerland from abroad who have never been members
of a pension plan in Switzerland may not, in the first five years of membership of a
Swiss pension plan, exceed an annual purchase limit equal to 20% of their
insured salary. Once the five years have elapsed, the pension plan will make it
possible for insured who have not yet purchased full benefits under the rules to
make such a voluntary purchase.
III Benefits of the pension plan
Article 10
Insured
benefits
1 The pension plan provides the following benefits to insured persons or to their
surviving dependants under the conditions indicated below:
- Retirement pension/retirement capital
- Bridging pension
- Retirement children’s pension
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- Disability pension
- Disabled person’s children’s pension
- Spouse’s pension
- Benefits in case of a live-in relationship similar to marriage
- Orphan’s pension
- Capital sum payable on death
- Withdrawal benefit
2 The insured benefits listed above will be granted subject to the express
limitations detailed in Articles 24 to 27. The conditions of payment described in
Article 23 also apply. In each case, the minimum benefits (cf. Article 1, par. 4) are
guaranteed in accordance with the BVG. In the event of withdrawals of retirement
capital (to finance residential property/in the event of divorce/retirement), the BVG
retirement capital in the shadow account is reduced proportionally.
Article 11
Retirement
pension /
capital sum
payable on
retirement
1 Entitlement to retirement benefits commences on termination of the
employment and entry into retirement, but not before reaching the age of 58 and
on reaching the age of 70 at the latest.
The retirement benefits are paid out in the form of a retirement pension. All or part
of the retirement capital may be drawn as a lump sum. Where a lump sum is
drawn, all benefits are reduced in proportion to the sum drawn. If all the capital is
drawn, no further claims may be made against the Pension Plan.
Anyone drawing a retirement benefit in accordance with this Article may not apply
for a disability pension in accordance with Article 15ff.
2 The retirement pension will be calculated on the basis of the retirement capital
available as at the retirement date and the conversion rate in accordance with
appendix 1. If any lump sum has been withdrawn, the calculation is based on the
remaining retirement capital.
3 The pension plan must be informed of the wish to draw the capital as a lump
sum at least three months before the insured leaves the pension plan. If the
insured is married, the spouse must approve the lump-sum payment in writing.
Management may request official confirmation of the signature and the marital
status. If voluntary contributions were made during the last three years leading up
to retirement, the resulting benefits may not be taken in the form of a lump sum.
The pension plan gives no guarantee that such voluntary contributions will be tax
deductible.
4 With the consent of the company, insured aged 58 or over may take partial
retirement (at least 30 percent). The preceding provisions apply correspondingly
to partial retirement pensions and partial lump-sum retirement benefits or the
bridging pension. The proportions of the retirement capital corresponding to the
partial retirement are the key criterion for determining the partial retirement
pension or the partial lump-sum retirement capital. The maximum amount of the
bridging pension is reduced in line with the partial retirement. The percentage of
the partial retirement benefit equals the level of retirement.
Partial retirement can take place in up to three stages, with the proviso that the
level of employment is reduced by at least 30% for at least one year, while still
9
amounting to at least 30%. A lump sum benefit can be taken in up to two stages.
5 If the insured retires before reaching the age of 65, he may voluntarily
purchase the retirement pension that would have been payable at the age of 65 in
accordance with the insurance certificate. The amount required for this purchase
will be calculated in accordance with the pension plan's guidelines.
6 Insured who continue to work beyond ordinary retirement age may take the
retirement benefits due under par. 1, or onward may on request continue to pay
into their pension until their employment ends. Retirement benefits become due
when the insured turns 70 at the latest. A precondition is that the company must
allow its employees to maintain their insurance cover. The company and the
insured make savings contributions in accordance with appendix 1. Risk
contributions are no longer collected.
At the end of the deferral period, the retirement pension is calculated on the basis
of the retirement capital then in place. If the insured dies before retiring, the
spouse's or partner's pension and the orphan's pension pursuant to Art. 17, 18
and 19 will be calculated in the same way as for a recipient of a retirement
pension. The basis for this is the retirement pension calculated according to par. 2
at the time of death. Insured who reduce their level of employment may request
partial retirement under par. 4.
Article 12
Bridging
pension
A retirement pensioner who has not yet reached the applicable AHV retirement
age may claim a bridging pension until he reaches the regular AHV retirement
age. The amount of this pension may not exceed the amount of the maximum
AHV retirement pension at the time of retirement. The accrued retirement capital
will be reduced in accordance with appendix 1. The bridging pension is paid for
the agreed period, but only until the death of the recipient.
Article 13
Retirement at
the request of
the company
1 Provided that an insured person leaves the company for operational reasons
before reaching the AHV pension age, the amount of his pension will be set in
accordance with the binding company regulations.
2 The company must reimburse the pension plan in each case with the
requisite additional retirement credit.
Article 14
Retirement
children’s
pension
For every child who would be eligible for an orphan’s pension (Article 19) in the
event of his death, each recipient of a retirement pension is entitled to a
children’s pension for an amount of 20% of the retirement pension drawn.
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Article 15
Disability
1 An insured is deemed to be disabled if he is classified as a disabled person
by the Swiss federal disability insurance (IV).
2 Recognition of disability and the calculation of the entitlement to a disability
pension are based on the legally valid decision of the IV.
3 An insured is entitled to a disability pension if he
a) is at least 40% disabled and was insured by the pension plan at the time the
illness/injury which made him unfit to work was incurred; or
b) was at least 20% but not more than 40% disabled as the result of a
congenital defect at the time when he started working and was insured for at
least 40% at the time that the level of the inability to work, the cause of which
led to disability, increased; or
c) became disabled while still a minor and was therefore at least 20% but not
more than 40% disabled at the time when he started working and was
insured for at least 40% at the time that the level of the inability to work, the
cause of which led to disability, increased.
4
a)
b)
c)
d)
The insured person is entitled to a
full disability pension if he is at least 70% disabled;
75% disability pension if he is at least 60% disabled;
50% disability pension if he is at least 50% disabled;
25% disability pension if he is at least 40% disabled.
5 If an insured becomes disabled, the retirement capital is increased for the
purpose of calculating the insured benefits. The retirement capital consists of the
accrued retirement capital pursuant to Art. 7, calculated as per the date on which
contribution payments end, plus a supplement. The disability pension is based on
the higher retirement capital and is calculated using the conversion rate given in
appendix 1.
The retirement capital supplement amounts to 160% of the retirement credits due
for the years and months until the insured reaches the age of 65, without interest
and calculated from the date on which contribution payments end.
The salary on which the calculation of the supplement is based equals the
insured salary pursuant to Art. 6 par. 7.
6 The entitlement to a disability pension lapses if the insured's ability to work
returns, but not later than the date on which the insured reaches the regular
retirement age on which the employment relationship would have ended. On this
date the disability pension is replaced by a retirement pension in the same
amount. Part or all of the pension may be drawn as a lump sum. The lump sum
amounts to twelve times the annual pension reduction.
7 The entitlement to a disability pension is deferred for as long as the company
continues to pay a salary or any salary replacement benefits amounting to at
least 80% of the lost salary. The benefits pursuant to Art. 23 et seq. BVG remain
reserved.
8 If a partially disabled insured leaves the pension plan, he will continue to
receive a partial disability pension plus any accompanying children's pensions.
11
He will also receive transferable retirement capital equalling his remaining ability
to work pursuant to Art. 21. The survivors' benefits which remain insured are
based on the partial disability pension.
Article 16
Disabled
person’s
children’s
pension
Persons drawing a disability pension are entitled to a children’s pension (Article
19) for each child who would be eligible for an orphan’s pension in the event of
their death, amounting to 20% of the disability pension drawn.
Article 17
Spouse's
pension
1 If a married insured person dies before or after retirement, the surviving
spouse is entitled to a spouse’s pension, provided that when the event insured
against occurs he
a) is responsible for the maintenance of one or more children, or
b) is over the age of 45, and the marriage has lasted for more than five years,
or
c) draws a pension from the Swiss IV.
If the spouse fails to meet any of these preconditions, he is entitled to a lumpsum payment amounting to three times the annual amount of the spouse’s
pension.
2 The spouse's pension amounts to 60% of the insured or current disability
pension at the time of death pursuant to Art. 15. Following the death of a
retirement pension recipient, the spouse's pension amounts to 60% or 100% of
the current retirement pension, depending on the deferred spouse's pension
chosen before the claim to a retirement pension arose. If the surviving spouse is
more than 10 years younger than the deceased insured, the spouse’s pension is
to be reduced by 3% for each complete year exceeding the 10 years’ age
difference. The reduction is curtailed by 1/20 for each complete year of the
duration of the marriage.
3 Entitlement to a spouse’s pension takes effect in the month following death,
but in any case not earlier than after the cessation of the continued salary or
replacement salary payment. It lapses at the end of the month in which death
occurred, or on remarriage. In the case of remarriage, the spouse receives, as a
final payment, a lump-sum payment amounting to three times the annual amount
of the spouse’s pension
4 Paragraphs 1 to 3 above also apply to surviving, divorced spouses, where
the marriage has lasted for at least 10 years. Benefits will, however, be reduced
by the amount by which they, together with the benefits from the remaining
insurance policies (in particular AHV or IV), exceed the entitlement under the
divorce decree (pension or capital sum in lieu of a pension for life). If a court
ruled that part of the withdrawal benefit was to be transferred to the pension plan
of the divorced spouse, the latter is only entitled to the statutory minimum
survivors' benefits in accordance with the BVG.
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Article 18
Benefits in
case of a livein relationship
similar to
marriage
1 If an unmarried insured can prove that he has lived for at least five continuous
years with a live-in partner who is unmarried and who is not related to him, and if
the insured supported this partner completely or significantly, the live-in partner
has a claim to the same benefits as a surviving spouse, provided the mutual
support obligation was agreed in writing by way of the support contract (appendix
2a). This contract must be submitted to the pension plan during the insured’s lifetime. After the death of the insured, the live-in partner must assert his claim to a
partner’s pension by submitting the required documents. The pension plan
reviews the entitlement to benefits on the basis of the prevailing circumstances. If
the surviving live-in partner is more than 10 years younger than the deceased
insured, the live-in partner’s pension is to be reduced, in analogous application of
Art. 17 par. 2, by 3% for each complete year exceeding the 10 years’ age
difference. The reduction is curtailed by 1/20 for each complete year of the
duration of the live-in partnership.
2 In addition to the conditions under paragraph 1 above, at the time of
occurrence of the insured event the surviving live-in partner must satisfy one of
the following three conditions:
a)
He is responsible for the maintenance of one or more children, or
b)
He is over the age of 45 at the time of death of the insured, or
c)
He draws a pension from the Swiss IV.
3 If the live-in partner satisfies the requirements under paragraph 1 but not
those under paragraph 2, he is entitled to a lump-sum payment amounting to
three times the annual amount of the live-in partner’s pension.
4 If the surviving live-in partner is already drawing a spouse’s or live-in partner’s
2nd pillar pension, he loses his entitlement to an additional live-in partner's
pension and a lump-sum payment.
Article 19
Orphan's
pension
1 If an insured person dies before or after his retirement, each of his children
under the age of 18 receives an orphan’s pension. Children who are still in school
or in training, or who as a result of physical or mental infirmity are not gainfully
employed, or employed at a reduced level, are entitled to a pension until they
reach the age of 25 - provided that the AHV has extended the period of
entitlement to benefit by an equal time.
2 Foster children within the meaning of Art. 49 of the ordinance to the federal
law covering occupational retirement, surviving dependants and disability
insurance and stepchildren are only entitled to orphan’s pensions if the insured
was responsible for their maintenance.
3 The orphan's pension amounts to 20% of the insured or current disability
pension or the current retirement pension pursuant to Art. 15 for children who
have lost one parent and 30% for children who have lost both parents.
4 Entitlement to an orphan's pension begins during the month following the
death, but only after salary payments or salary replacement benefits have been
13
discontinued.
Article 20
Capital sum
payable on
death
1 If an insured or a recipient of a retirement or disability pension dies, the
survivors mentioned below will receive a one-off lump sum death benefit
amounting to 150% of the insured or current disability pension pursuant to Art.
15. Once the insured has started drawing a retirement or disability pension, the
insured capital sum payable on death will decrease by 1/20 per month until the
figure reaches zero.
2 The eligible persons are independent of the law of succession and in the
following order:
a) the surviving spouse, or if there is no surviving spouse, those children of the
deceased insured person who are entitled to an orphan's pension;
b) if there are no beneficiaries under a) above, persons who were sup- ported
by the insured to a considerable extent or the person with whom the insured
lived together without interruption for the last five years before his death or
who is responsible for the maintenance of one or more joint children,
provided that they do not receive a widower’s or widow’s pension (Art. 20a
par. 2 BVG); in the absence of the aforementioned,
c)
the other children, parents or siblings of the deceased.
The persons mentioned in b) are only entitled to benefits if they were registered
with the pension plan in writing during the lifetime of the insured.
3 The insured can change the beneficiary groups as per par. 2 above as
follows at any time by submitting a written request to the pension plan:
- the beneficiaries under a) and b) can be grouped together, provided that there
are beneficiaries under par. 2 b);
- the beneficiaries under a) and c) can be grouped together, provided that there
are no beneficiaries under par. b).
The notification must be submitted to the pension plan during the lifetime of the
insured (appendix 2b). The pension plan reviews the entitlement to benefits on
the basis of the prevailing circumstances.
4 The insured may determine the claims of the beneficiaries within a
beneficiary group (par. 2 and 3) at his own discretion by submitting a written
declaration to the pension plan. The notification must be submitted to the pension
plan during the lifetime of the insured. If no such notification is submitted, all
beneficiaries within a beneficiary group will be entitled to equal shares of the
capital sum payable on death.
If there are no beneficiaries under Art. 20, the capital sum payable on death is
forfeited.
14
Rules l Sulzer Pension Plan
Article 21
Withdrawal
benefit
1 If the employment is terminated by the insured person or by the company
before an insured event has occurred, the insured is entitled to a withdrawal
benefit.
2 The withdrawal benefit corresponds to the accumulated retirement capital in
the pension plan (Art. 7),.but at least the minimum amount according to Art. 17
FZG.
3 If a company has fully or partially assumed the voluntary contribution, the
corresponding amount is deducted from the withdrawal benefit. The deduction is
reduced by any agreement made, however by at least one-tenth of the amount
assumed for each full contributory year. Any unused part will be credited to the
premium reserve account of this company.
Article 22
Utilization of
the withdrawal
benefit
1 If the insured joins a new pension scheme, the pension plan will transfer the
withdrawal benefits to the new pension scheme.
2 Insured who are not joining a new pension scheme must inform the pension
plan whether the withdrawal benefits will be used to open a vested benefits
account or to purchase a vested benefits policy.
If the pension plan receives no such notification, the withdrawal benefits plus
interest will be transferred to the National Substitute Pension Plan at the earliest
six months but not later than two years after the departure benefits fell due.
3 The insured person may request payment of the withdrawal benefit in cash, if
a) he is leaving Switzerland and the Principality of Liechtenstein (subject to par.
4) permanently or
b) he is becoming self-employed and is no longer subject to mandatory
occupational pension provision, or
c) the withdrawal benefit is less than his annual contribution.
If the insured person is married, the spouse must give written consent to the cash
payment. Management may request official confirmation of the signature and the
marital status.
If voluntary contributions were made during the last three years leading up to the
departure, the resulting benefits may not be taken in cash. The pension plan gives
no guarantee that such voluntary contributions will be tax deductible.
4 An insured person who leaves Switzerland and the Principality of
Liechtenstein permanently cannot request payment of his BVG retirement capital
in cash if he is still subject to mandatory insurance for the risks of old age, death
and disability under the legal requirements of an EU member state, Iceland or
Norway.
15
IV Special conditions
Article 23
Conditions of
payment
1 Pensions will be calculated in annual amounts and paid to those entitled to
claim in monthly instalments, rounded up to the nearest franc.
2 The pension entitlement continues until the end of the month in which the
person entitled to claim dies, or in which the pension entitlement lapses in
accordance with the provisions of these rules.
3 If at the start of the pension a retirement or disability pension amounts to less
than 10% of the minimum AHV retirement pension, or if a spouse's pension or
pension for a cohabiting partner amounts to less than 6%, or if an orphan's
pension amounts to less than 2%, then instead of paying a pension, the pension
plan will make a one-off lump sum capital payment. The lump-sum capital
payment is determined on the basis of actuarial calculations of the pension plan.
When it is paid, all further entitlements of the insured person or his surviving
dependants in respect of the pension plan lapse.
4 For people drawing pensions who are resident abroad, the pension plan may
meet its obligation by transferring the insured benefits to an account to be opened
in the name of the person entitled at a bank in Switzerland. At their request and
risk, payments can also be sent abroad.
Article 24
Allowance for
third-party
benefits
1 If, in the event of disability or death of an insured or a recipient of a disability
pension, the benefits payable by the pension plan and any other creditable
income of the insured and his children exceed 100%, or 90% in the case of the
survivors, of the presumed lost relevant annual salary pursuant to Art. 6 par. 2
plus any children’s allowances, the pension payable by the pension plan will be
reduced until and to the extent that this limit is no longer exceeded. These
provisions also apply correspondingly to any lump-sum payments by the pension
plan.
The income received by the surviving spouse or live-in partner and the orphans
will be added together.
The retirement benefits will be reduced in the same manner for as long as
benefits are paid by disability insurance or military insurance, or if the retirement
benefits replace a disability pension.
2 Creditable income includes benefits of the same type and purpose paid to the
eligible person due to an injuring event, such as:
a) Benefits paid by the social security and disability insurance (AHV/IV) (and/or
benefits paid by any Swiss or foreign social insurance schemes), except for
care allowances for persons unable to look after themselves;
b) Benefits paid by military insurance or compulsory accident insurance;
c) Benefits paid under other insurance policies for which the company has paid
at least 50% of the premiums;
d) Benefits paid by pension plans and vested benefits institutions.
Recipients of disability benefits will also be credited for any continued income
from gainful employment or any income that the insured can still be reasonably
16
Rules l Sulzer Pension Plan
expected to earn as well as any benefits paid by the unemployment insurance,
with the exception of supplementary income paid during participation in
reintegration measures pursuant to Art. 8a IVG. The calculation of the income
that the insured can still be reasonably expected to earn is based on the disability
pension pursuant to the decision of the IV. The creditable income is adjusted if
the IV carries out a review of the disability pension.
One-off lump-sum payments will be converted into pensions in accordance with
the pension plan's actuarial rates. This does not apply to satisfaction payments
and other similar payments.
After reaching regular AHV retirement age, retirement benefits from Swiss and
foreign social insurance bodies and pension plans are also deemed to be
creditable income.
However, the pension plan will at all times pay at least the benefits due under the
BVG and its rules of application.
3
The pension plan will review the pension reduction from time to time.
4 The pension plan may reduce its benefits to the same extent if the AHV/IV
reduces, withdraws or withholds a benefit because the eligible person has
caused the death or disability through gross negligence or resists the IV's efforts
to re-integrate him into the workforce. The trust is not obliged to compensate for
benefits refused or reduced by the accident insurance or military insurance.
5 If the obligation of the accident insurance, military insurance or occupational
retirement, survivors' and disability insurance under the BVG to pay a pension is
disputed, the eligible person may request advance benefits from the pension
plan. If it is unclear which pension scheme has to pay a pension claim, the
eligible person may request advance benefits from the last pension scheme with
which he was insured. The pension plan pays advance benefits in compliance
with the BVG provisions on statutory minimum benefits.
6 If the claim is assumed by another insurance company or pension scheme,
the latter must reimburse the advance benefits paid by the pension plan to the
extent of its liability to pay benefits.
Article 25
Claims against
liable third
parties
The pension plan may require the applicant for a surviving dependants’ or
disability benefit to assign to it claims for compensation which the applicant is
entitled to make against liable third parties, up to the amount of its obligation to
pay benefits. It may decline to pay benefits until such assignment has been
made.
Article 26
Set-off of
claims
Any claims against an insured or pensioner assigned to the trust by the company
may not be set off against benefits payable by the pension plan. This provision
does not apply to outstanding contributions of the insured.
17
Article 27
Guaranteeing
pension benefit
1 Benefits payable by the pension plan are exempt from foreclosure to the
extent permitted under the law. Subject to the provisions of Art. 30, claims on
benefits from the pension plan may neither be assigned nor pledged before they
are due. Any agreements to the contrary are invalid.
2 Benefits from the pension plan that were wrongfully received will be deducted
from future benefit claims against the pension plan or must be repaid.
Article 28
Information to
the insured
1 Once a year every insured will receive an insurance certificate reflecting his
retirement capital, insured salary, contributions, insured benefits and departure
benefits. Every year the pension plan will inform the insured in an appropriate
manner about the pension plan's organization and financing and the names of
the members of the board of trustees. Insured receive a summary report every
year, and on request an annual report and annual accounts.
2
The insured will be informed of his withdrawal benefit at the time of marriage.
3 In case of divorce, the insured or the divorce court will receive information if
requested about the amount of the assets which are applicable for the calculation
of the withdrawal benefit which is to be distributed.
Article 29
Information
and notification
requirements
1 Employees and pension recipients, and their surviving dependants who are
entitled to pensions are obliged truthfully to submit all information required by the
pension plan to the pension plan, for the attention of the board of trustees. In
particular:
a) Within four weeks, any changes in marital status (marriage, births, deaths,
divorce, etc.) and payments of benefits by third parties (Art. 24),
b) any earnings from gainful employment earned by disabled insured persons.
2 The persons entitled are liable to the pension plan for consequences arising
from the omission, inaccuracy or delay of information.
3 At the request of the pension plan, the pension recipient must submit an
official certificate confirming that he is still alive.
Article 30
Advance
withdrawal,
pledge, duty to
provide
information
1 The insured may request an advance withdrawal of benefits (at least CHF
20,000) to finance residential property for own use (purchase and construction of
residential property, shares in residential property or repayment of mortgages) up
to three years before entitlement to retirement benefits arises. 'Own use' in this
context refers to usage as a domicile or place of usual residence. He can also
18
Rules l Sulzer Pension Plan
pledge this amount or his claim to retirement benefits for the same purpose.
2
Until the age of 50 the insured may withdraw or pledge an amount equal to
his accrued departure benefits. Insured older than 50 are only entitled to the
accrued withdrawal benefits at the age of 50, or half of the withdrawal benefits at
the time of the advance withdrawal. An advance withdrawal can be made every 5
years. If voluntary contributions were made during the last three years leading up
to the advance withdrawal, the resulting benefits may not be taken in advance.
The pension plan gives no guarantee that such voluntary contributions will be tax
deductible.
3 The insured may submit a written request for information on the amount
available to finance residential property and the reduction in benefits associated
with such an advance withdrawal. The pension plan arranges for supplementary
insurance to cover the insurance gap and informs the insured of his tax
obligations.
4 If the insured person makes an advance withdrawal or pledges his benefits,
he must submit the contracts pertaining to the purchase or construction of
residential property or the repayment of a mortgage, the regulations or rental/loan
agreement relating to the purchase of shares in a co-operative housing
association and all official documents relating to similar purchases to the trust.
Married insured persons must also submit the written consent of the spouse.
5 The pension plan will pay the advance withdrawal at the latest six months
after the insured has requested the withdrawal. As long as there is a shortfall in
cover, the pension plan may restrict the timing or amount of the payment of
advance withdrawals required to repay a mortgage, or may refuse to make such a
payment altogether. The pension plan must inform the insured of the duration of
the measures.
6 If the liquidity of the pension plan is endangered by advance withdrawals, the
pension plan may defer the processing of the applications. The board of trustees
determines the order of priority according to which applications will be processed.
7 The retirement capital will be reduced by the amount of the advance
withdrawal. The insured benefits will also be reduced by the amount of the
advance withdrawal. Any (partial) repayment of the advance withdrawal will be
treated as a voluntary purchase of additional benefits pursuant to Art. 9.
8 As set out in the enclosure to the pension fund rules, the pension plan
charges a processing fee for advance withdrawals to finance residential property.
Article 31
Divorce
1 If an insured person is divorced and the pension plan must transfer part of
the departure benefits accrued during the marriage to the pension scheme of the
divorced spouse under a court judgment, the insured's accrued retirement capital
will be reduced by this amount. The insured benefits will be reduced by the
transferred amount analogous to Art. 30 par. 7. The insured person may make a
voluntary purchase of additional benefits pursuant to Art. 9 equalling the
transferred amount.
19
2 If an insured receives the departure benefits of his divorced spouse (based
on a court judgment), the payment will be treated as a voluntary purchase
pursuant to Art. 9.
V
Assets of the pension plan
Article 32
Assets /
liabilities
There is a cash fund to cover the scheduled benefits of the pension plan. The
fund is liable exclusively for the obligations of the pension plan.
A claims equalization reserve will be set up in order to absorb investment risks.
Article 33
Benefit
improvement
In accordance with a decision of the board of trustees, certain reserves, which
are based on expert principles, can be accrued within the SVE trust. These are in
particular:
-
Claims equalization reserve
Reserve for unfavourable age structure I pension adjustments
Biometrical reserves
Reserves for risk share
Any free assets remaining in excess of this amount are to be used in particular
for
- Increases in the retirement capital (e.g. additional interest credits)
- Increases in the current pensions (one-off payment or lifelong increases)
Pensions are adjusted to the increase in the cost of living in accordance with the
pension plan's financial ability. The board of trustees decides every year if and to
what extent pensions can be adjusted. The provisions of Art. 36 par. I BVG
remain reserved.
Article 34
Company’s
premium
reserve
1 As part of the accounting procedures of the pension plan, premium reserves
will be maintained for the company and affiliated employers. They will be
accumulated from extraordinary payments by the companies and will earn
interest in the same way as the retirement capital of the active insured persons,
but the amount will not exceed the average earned income.
2 The resources of the premium reserve will be used by the board of trustees
under the terms of the trust, with the agreement of the companies; they are to be
used primarily to cover the companies’ statutory or special expenditure.
VI Organization
20
Rules l Sulzer Pension Plan
Article 35
Executive
bodies of the
trust
1
The executive bodies of the trust are:
a)
b)
c)
d)
the board of trustees
commissions and committees
the experts on occupational pensions
the auditors
2 The executive bodies of the trust, together with their appointed officers, are
bound to the strictest secrecy in respect of the personal circumstances of the
insured persons and pension recipients, and of the business affairs of the
company, which may become known to them in carrying out their duties. The
obligation of secrecy will continue even after the termination of their duties.
Article 36
Board of
trustees
1 The board of trustees, which is established on the principle of parity,
comprises 12 - 20 insured, in particular 6 representatives each from Sulzer AG
and 2 representatives each per affiliated company with 500 or more active
insured. The board of trustees may also, in substantiated cases, accord
companies with less than 500 active insured representation in the board of
trustees, provided the number of representatives of affiliated companies does not
exceed four each with this measure.
Of the six Sulzer representatives, a maximum of two can be retiree
representatives.
2 The electors are the Executive Committee of Sulzer AG as well as the
employee representatives of Sulzer (ANVS) or the executive boards of the
affiliated companies and the employee representatives of the affiliated
companies. Any agreements to the contrary must be set out in the affiliation
contract. The affiliated companies are responsible for suitable nominations.
Persons who are insured with the Sulzer Pension Plan are eligible for election if
they:
- have adequate written and oral abilities in German;
- can give the necessary priority to the mandate;
- are not older than age 70.
All insured persons can nominate retiree representatives.
3 The board of trustees constitutes itself. If the president is an employer
representative, the vice president must be an employee representative, and vice
versa.
4 The term of office of the members of the board of trustees is four years. They
may be re-elected. A member elected as a replacement assumes the term of
office of his predecessor.
5 The pension plan ensures that the members of the board of trustees are
trained and equipped to carry out their management duties.
21
Article 37
Deputies
The maximum of eight deputies are substitutes for members of the board of
trustees of one of the following categories I – IV:
I
II
III
IV
Sulzer employer
Sulzer employee
Affiliated company employer
Affiliated company employee
Two substitutes per category may be elected. The electors are the Executive
Committee of Sulzer AG as well as the employee representatives of Sulzer
(ANVS) or the executive boards of the affiliated companies and the employee
representatives of the affiliated companies. Any agreements to the contrary must
be set out in the affiliation contract. The affiliated companies must nominate
appropriate candidates (see Art. 36 par. 2).
The substitutes do not deputize for one specific trustee and must therefore take
their decisions on the basis of their own judgment/assessment of the matters on
the agenda.
In exceptional cases, substitutes may serve on committees and commissions.
The substitutes are trained in the same way as the trustees and receive all
documents. They are also invited as observers (without voting rights) to meetings
of the board of trustees and SVE training seminars.
Article 38
Duties of the
board of
trustees
1 The board of trustees manages the business operations of the trust,
represents its interests and decides on all matters that are within the scope of its
authority according to the deed of trust and the present rules. It will otherwise
issue the necessary implementing provisions.
2 The board of trustees may appoint committees to deal with the rules, and
determine the powers of those committees.
3 The board of trustees will, in agreement with the company, elect an executive
secretary, who need not be a member of the board of trustees.
4 The board of trustees will specify those persons who are authorized to sign
on behalf of the trust with binding effect.
5 The board of trustees will periodically examine the financial development and
performance level of the pension plan.
Article 39
Adoption of
resolutions
The board of trustees will convene as often as required by business. A quorum is
achieved if at least 2/3 of the members or deputies are present. Resolutions are
passed by simple majority vote. The president also votes. A tied vote means that
no resolution has been passed. In such cases, the board of trustees must re
22
Rules l Sulzer Pension Plan
convene to consider the same issue within four weeks. In the event that once
again no decision is reached, the board of trustees will appoint a neutral
arbitrator. Resolutions taken by circulation of decision papers are permitted.
Article 40
Auditing /
shortfall in
cover
1 The board of trustees appoints the auditors of the trust (Art. 51a par. 2 lit. k
BVG). The auditors must audit the management, accounting and investments of
the trust every year and prepare a report for the board of trustees. The annual
financial statement, balance sheet and auditor’s report must be submitted to the
cantonal supervisory authority.
2 The board of trustees appoints an occupational pensions actuary (Art. 51a
par. 2 lit. k BVG). The pensions actuary must draw up an actuarial balance sheet
at least once every three years. This must be submitted to the supervisory
authority.
3 If there is a shortfall in cover, the board of trustees and the occupational
pensions actuary must identify the legal measures that are balanced, appropriate
and suited to rectify the shortfall in cover within a reasonable period of time. If
necessary, the interest paid on retirement capital (Art. 7 par. 3) must be reduced,
the contributions increased or the benefits, including current pensions, reduced
after consultation with the supervisory authority. These measures may also be
combined.
As long as there is a shortfall in cover and the interest rate on the retirement
accounts (Art. 7 par. 3 ) is lower than the BVG minimum rate, the minimum
amount pursuant to Art. 17 of the federal law on vesting in pension plans (FZG)
will also be calculated using the interest rate of the retirement accounts.
4 If other measures do not achieve the desired purpose, the pension plan may
levy contributions to cover the shortfall on the insured, the company and the
pensioners for the duration of the shortfall in cover.
The employer's contribution must equal at least the total amount of the
contributions of all insured. The contributions of the pensioners may only be
levied on that part of the current pensions which did not stem from legal or
regulatory increases during the ten years preceding the implementation of this
measure. This contribution may not be levied on the mandatory insurance
benefits payable on retirement or in the event of death or disability. The
pensioners’ contributions will be deducted from the current pensions.
5 If the measures set out in par. 4 are not enough, the pension plan may
reduce the minimum BVG interest rate for the duration of the shortfall in cover,
but not for longer than five years. The reduction may not be more than 0.5%.
6 In the event of a shortfall in cover, the company may place a usage
restriction on the funds in the separate employer contribution reserve account
and allocate funds from the ordinary employer contribution reserves to this
account. These payments may not exceed the shortfall in cover and will not earn
interest. The affiliated employers take a joint decision on setting up an employer
contribution reserve with a usage restriction.
7
The pension plan must inform the supervisory authority, the company, the
23
insured and the pensioners about the shortfall in cover and the measures taken
to rectify this shortfall.
Article 41
Accounting;
investment of
assets
1 The financial year equals the calendar year. The accounts of the pension
plan are closed each year on December 31. The annual financial statement and
annual report must be drawn up at the latest six months after the close of the
financial year.
2 The board of trustees manages the assets in accordance with generally
accepted principles and in particular in compliance with statutory investment
guidelines, paying particular attention to the security of the investments and
aiming to earn an appropriate return and to satisfy the liquidity requirements of
the pension plan. The board of trustees may delegate the asset management to
third parties.
3
The board of trustees issues investment regulations.
VII Concluding and transitional conditions
Article 42
Application,
amendment of
the rules
1 I The board of trustees decides matters that are not regulated or regulated
incompletely by these rules on the basis of the trust deed. The board may deviate
from the provisions of these rules in special cases if their application would cause
hardship to the parties in question and if the deviation complies with the pension
plan's purpose and objectives.
2 These rules may be amended by the board of trustees at any time, provided
that the accrued claims of the insured are guaranteed. Provisions pertaining to
additional benefits payable by the company cannot be included without the
company's consent. An amendment may only be made to the preconditions and
procedures for a partial liquidation subject to the approval of the supervisory
authority.
Article 43
Termination of
affiliation
contracts,
liquidation of
the trust
1 An employer may only terminate an affiliation contract with the consent of the
employees or employee representative body, if any. The pension plan must notify
the relevant AHV compensation office of the termination. The provisions of Art.
53 b-d BVG, Art. 23 of the federal law on vesting in pension plans (FZG) and the
regulations on the preconditions and procedures for partial liquidation prevail.
2 If the trust is liquidated totally, the provisions of Art. 53 b-d BVG and Art. 23
FZG will prevail. Partial liquidation is governed by the regulations on the
preconditions and procedures for partial liquidation.
24
Rules l Sulzer Pension Plan
Article 44
Disputes
Disputes over the application and interpretation of the rules of this pension plan
between insured persons entitled to claim on the one hand and the board of
trustees on the other, or over issues which are not covered by these rules, will be
decided by the competent court in accordance with Article 73 BVG.
Article 45
Transitional
terms
The pensions of recipients of pensions on December 31, 2014 and the
accompanying pension expectancies of their survivors will continue to be paid
under the previous provisions, subject to the overcompensation regulation
according to Art. 24. In the event of the death of recipients of pensions who on
December 31, 2014, are drawing a pension from the pension fund, the spouse’s
pension payable to the surviving spouse will be reduced in accordance with Art.
17 par. 2 if the date of marriage is on or after January 1, 2015. In the event of the
death of insured born in 1956 or older who on December 31, 2014, are insured in
the pension fund, the spouse’s pension payable to the surviving spouse will be
reduced in accordance with Art. 17 par. 2 before or after retirement if the date of
marriage is on or after January 1, 2015.
In the event of a shortfall in cover, Art. 40 applies without exception.
Article 46
Effective date
The present rules come into effect on January 1, 2015, and replace the amended
rules of January 1, 2012.
25
Rules l Sulzer Pension Plan
Enclosure
Applicable amounts
2013/2014
2015/2016
Minimum salary pursuant to Art. 2 BVG
(Art. 2 par. 1 and Art. 8 par. 5)
CHF 21’060
CHF 21’150
Maximum annual salary used to calculate
the insured salary
(Art. 6 par. 1)
CHF 146’004
CHF 146’628
Maximum insured salary
(Art. 6 par. 1)
CHF 120’684
CHF 121’308
Maximum coordination offset
(Art. 6 par. 1)
CHF 25’320
CHF 25’320
Fees
Fees for processing an application for an
advance withdrawal to finance home
ownership in Switzerland
Fees for processing an application for an
advance withdrawal to finance home
ownership abroad
1.1.2015
CHF 400
CHF 400
Rules l Sulzer Pension Plan
Appendix I
Retirement credits as a percentage of the insured salary pursuant to Art. 7 par. 2
Age of insured person
Retirement credit as a % of the insured salary
Basic plan
Comfort plan
Superplan
25 - 31
14.4
15.7
17.0
32 - 41
16.9
18.5
20.0
42 - 51
19.4
21.2
23.0
52 - 65
21.9
24.0
26.0
65 - 70
14.4
15.7
17.0
SVE Basic plan
Contributions as a percentage of the insured salary pursuant to Art. 8 par. 2
Age
Savings contributions
Company
Insured
Risk contributions
Company
Insured
Insured
Total
Company
- 24
-
-
1.1
1.5
1.1
1.5
25-31
5.9
8.5
1.1
1.5
7.0
10.0
32-41
6.9
10.0
1.1
1.5
8.0
11.5
42-51
7.9
11.5
1.1
1.5
9.0
13.0
52-65
8.9
13.0
1.1
1.5
10.0
14.5
65-70
5.9
8.5
0.0
0.0
5.9
8.5
SVE Comfort plan
Contributions as a percentage of the insured salary pursuant to Art. 8 par. 2
Age
Savings contributions
Insured
Company
Risk contributions
Insured
Company
Insured
Total
Company
- 24
-
-
1.1
1.5
1.1
1.5
25-31
7.2
8.5
1.1
1.5
8.3
10.0
32-41
8.5
10.0
1.1
1.5
9.6
11.5
42-51
9.7
11.5
1.1
1.5
10.8
13.0
52-65
11.0
13.0
1.1
1.5
12.1
14.5
65-70
7.2
8.5
0.0
0.0
7.2
8.5
1.1.2015
2
Appendix I
SVE Superplan
Contributions as a percentage of the insured salary pursuant to Art. 8 par. 2
Age
Savings contributions
Insured
Company
Risk contributions
Insured
Company
Insured
Total
Company
- 24
-
-
1.1
1.5
1.1
1.5
25-31
8.5
8.5
1.1
1.5
9.6
10.0
32-41
10.0
10.0
1.1
1.5
11.1
11.5
42-51
11.5
11.5
1.1
1.5
12.6
13.0
52-65
13.0
13.0
1.1
1.5
14.1
14.5
65-70
8.5
8.5
0.0
0.0
8.5
8.5
Any deviations in the division of contributions between the insured and the company must be
agreed in the affiliation contract, but the company must pay an amount that equals at least
50% of the total contributions.
Insured aged between 58 and 65 whose previous insured salary continues to be insured
under Art. 6 par. 6, must also pay the employer's contribution for the part of their salary that
continues to be insured. In the affiliation contract, the company may specify that it will
continue to pay the employer's contributions.
Insured may only avail themselves of the option of continuing to be insured between the
ages of 65 and 70 and of maintaining the associated contribution payments provided the
company permits this under the affiliation contract.
1.1.2015
3
Appendix I
Conversion rate in accordance with Article 11 paragraph 2 / Retirement benefit
The conversion rate is determined by the age at the time of retirement as well as the chosen
deferred spouse’s pension (60% or 100%):
Age on
retirement
Conversion rate for spouse’s pension
starting from 1.1.2015
starting from 1.1.2016
starting from 1.1.2017
60%
100%
60%
100%
60%
100%
58
5.17%
4.76%
5.08%
4.72%
4.94%
4.58%
59
5.29%
4.84%
5.19%
4.81%
5.04%
4.67%
60
5.41%
4.94%
5.30%
4.90%
5.15%
4.75%
61
5.53%
5.04%
5.41%
4.99%
5.26%
4.85%
62
5.65%
5.14%
5.53%
5.08%
5.38%
4.94%
63
5.80%
5.24%
5.66%
5.18%
5.51%
5.04%
64
5.95%
5.36%
5.80%
5.29%
5.65%
5.15%
65
6.10%
5.48%
5.95%
5.40%
5.80%
5.26%
66
6.25%
5.61%
6.10%
5.52%
5.95%
5.38%
67
6.45%
5.75%
6.27%
5.65%
6.12%
5.51%
68
6.65%
5.90%
6.45%
5.79%
6.30%
5.65%
69
6.85%
6.06%
6.65%
5.94%
6.50%
5.80%
70
7.10%
6.23%
6.86%
6.10%
6.71%
5.96%
For each full month at a higher age, the conversion rate will be increased on a pro rata
basis.
1.1.2015
4
Appendix I
Reduction in retirement capital for insured receiving a bridging pension in
accordance with Art. 12
Where an application is made for a bridging pension, the available retirement capital is
reduced, after the maximum period during which the bridging pension is payable, by the
following multiple of the annual amount of the bridging pension:
Period
Reduction of retirement capital
7 years
6 years
5 years
4 years
3 years
2 years
1 year
6.488 times bridging pension
5.622 times bridging pension
4.736 times bridging pension
3.831 times bridging pension
2.905 times bridging pension
1.958 times bridging pension
0.990 times bridging pension
For years already commenced, the intermediate value will be determined on a pro rata
basis (1/12 per month).
Conversion rate in accordance with Article 15 par. 5 / Disability pension
The conversion rate is 6.1%, falling to 5,95% from 1.1.2016 and to 5.80% from 1.1.2017.
1.1.2015
Appendix 2a
Rules l Sulzer Pension Plan
Support contract for unmarried insured pursuant to Art. 18 of the Rules
between
(Insured) ……………………………………………………………………………………………..
and
(Partner) …………………………..………………………………………………………………….
1. This contract serves to protect any claims to survivors’ benefits on the part of the
surviving partner pursuant to the Sulzer Pension Fund Rules.
2. The parties confirm that they have noted the provisions of the Rules on the unmarried
partner’s pension and accept the conditions set out therein.
3. Both parties confirm that they are unmarried and not related to each other and that they
have been living together as partners in the same household without interruption since
………………….. (date)
4. The parties agree that each will contribute to the maintenance of the joint household to
the extent of his possibilities The mutual maintenance obligation includes paying money,
doing housework, caring for the children, or providing the partner with career or business
support. If nothing has been agreed to the contrary, the mutual maintenance obligation ends
when the partners split up and no longer live together
Any supplementary agreements between the parties concerning the maintenance
obligation: ……………………………
…………………………………………………………………………………………………………..
…………………………………………………………………………………………………………..
5. After the death of the insured or pensioner the surviving partner must submit
appropriate documents (e g residence certificate or confirmation of registration of a
partnership between same-sex couples in accordance with cantonal or federal law) to prove
that the conditions for an unmarried partner's pension set out in the Rules have been
fulfilled. The pension plan is authorized to review the entitlement to benefits on the basis of
the prevailing circumstances
6. If an unmarried partner’s pension is granted, the partner undertakes to inform the
pension plan without delay in the event of his (re)marriage or the conclusion of a new
support contract.
7. The insured undertakes to inform the pension plan without delay if the support contract
is terminated.
The signature of the insured on this support contract must be officially certified. This
support contract must be submitted to the pension plan during the insured’s lifetime
Place and date. ………………………………………………………………………………………
Signatures.
…………………………………………..
Insured
1.1.2015
…………………………………………..
Partner
Appendix 2b
Rules l Sulzer Pension Plan
Beneficiaries to the capital sum payable on death pursuant to Art. 20 of the Rules
In the event of my death the capital sum payable on death must be paid as follows to the persons
listed below. This declaration replaces any earlier documents pertaining to the beneficiaries'
entitlement to the capital sum payable on death.
Date of birth
Surname
First name
Address
Cat. *)
Total I00%
Share in %
100%
*) Enter letter for relevant category a), b), c)
This person belongs to the following beneficiary category pursuant to Art 20 par. 2, a, b and c:
a)
the spouse;
the children of the deceased who are entitled to an orphan's pension from the pension
plan;
b)
persons supported by the deceased to a considerable extent;
the person with whom the insured lived together without interruption for the last five years
before his death or who is responsible for the maintenance of one or more joint children;
c)
the other children
the parents
the siblings
AHV number of the insured: …………………………………………………
Surname and first name of the insured: …..…………………………………………..
(please use block capitals)
Place, date: ……………………………………………………………………………….
Signature of the insured: …………………………………………………….
The payment of a capital sum on death is governed by Art 20 par. 1 of the Sulzer Pension Fund
Rules and any supplements.
To be sent to:
Sulzer Pension Fund, P.O. Box, CH-8401 Winterthur
1.1.2015
Rules l Sulzer Pension Plan
Appendix 3
Basic plan - Maximum possible retirement capital under Art. 9 par. 5
Age
Maximum possible retirement capital as a percentage
of the insured salary (to calculate the maximum
possible purchase amount)
25
26
27
28
29
30
14.4
29.1
44.1
59.4
74.9
90.8
31
32
33
34
35
107.1
126.1
145.5
165.3
185.5
36
37
38
39
40
206.1
227.2
248.6
270.5
292.8
41
42
43
44
45
315.5
341.3
367.5
394.2
421.5
46
47
48
49
50
449.3
477.7
506.7
536.2
566.3
51
52
53
54
55
597.1
630.9
665.4
700.6
736.6
56
57
58
59
60
773.2
810.6
848.7
887.5
927.2
61
62
63
64
65
967.6
1008.9
1051.0
1093.9
1137.7
The age of the insured is calculated as the difference between the current calendar year and the year of
birth.
1.1.2015
Rules l Sulzer Pension Plan
Appendix 3
Comfort plan - Maximum possible retirement capital under Art. 9 par. 5
Age
Maximum possible retirement capital as a percentage
of the insured salary (to calculate the maximum
possible purchase amount)
25
26
27
28
29
30
15.7
31.7
48.0
64.7
81.7
99.0
31
32
33
34
35
116.7
137.6
158.8
180.5
202.6
36
37
38
39
40
225.1
248.1
271.6
295.5
319.9
41
42
43
44
45
344.8
372.9
401.6
430.8
460.7
46
47
48
49
50
491.1
522.1
553.7
586.0
618.9
51
52
53
54
55
652.5
689.6
727.3
765.9
805.2
56
57
58
59
60
845.3
886.2
927.9
970.5
1013.9
61
62
63
64
65
1058.2
1103.4
1149.4
1196.4
1244.3
The age of the insured is calculated as the difference between the current calendar year and the year of
birth.
1.1.2015
Rules l Sulzer Pension Plan
Appendix 3
Superplan - Maximum possible retirement capital under Art. 9 par. 5
Age
Maximum possible retirement capital as a percentage
of the insured salary (to calculate the maximum
possible purchase amount)
25
26
27
28
29
30
17.0
34.3
52.0
70.1
88.5
107.2
31
32
33
34
35
126.4
148.9
171.9
195.3
219.2
36
37
38
39
40
243.6
268.5
293.9
319.7
346.1
41
42
43
44
45
373.1
403.5
434.6
466.3
498.6
46
47
48
49
50
531.6
565.2
599.5
634.5
670.2
51
52
53
54
55
706.6
746.7
787.7
829.4
872.0
56
57
58
59
60
915.4
959.8
1004.9
1051.0
1098.1
61
62
63
64
65
1146.0
1194.9
1244.8
1295.7
1347.7
The age of the insured is calculated as the difference between the current calendar year and the year of
birth.
1.1.2015
Appendix 4
Rules l Sulzer Pension Plan
Additional conditions for external membership
In addition to Art. 4, of the SVE Rules, the following conditions apply to external membership
of insured members.
1.
Cessation of gainful employment (cessation of earnings from gainful
employment)
Additional conditions for external membership without income from gainful
employment
•
•
•
Employment terminated by the company (with or without a social plan)
Requests to remain in the pension scheme as an external member must be submitted in
writing through the HR unit stating reasons.
Contributions (risk contributions from the insured/the company and savings contributions
from the insured/company) are collected by the company.
Rules for insured under 55 years of age:
•
Able to remain insured members of SVE for a maximum of 6 months
Rules for insured aged 55:
•
•
Able to remain insured members of SVE until they reach 58 years of age
Early retirement under the provisions of the SVE Rules (Art. 11)
Rules for insured over 56 years of age:
•
•
2.
Able to remain insured members of SVE for a maximum of two years
Early retirement under the provisions of the SVE Rules (Art. 11)
Continued gainful employment with a different employer (receiving earnings
from gainful employment)
Additional conditions for external membership
•
•
•
No equivalent pension scheme available with the new employer
Consent of the new employer to continuing membership of the SVE scheme
Cover to continue at existing level (no pay rises permitted)
The board of trustees decides in response to a proposal from SVE Management.
01.01.2015

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