¹ The following additional provisions apply to employee benefits schemes established in accordance with Art. 331 of the Code of Obligations¹²⁵ in the form of a foundation.¹²⁶

² The foundation’s governing bodies must furnish the beneficiaries with the necessary information concerning the foundation’s organisation, activities and assets.

³ If employees pay contributions into the benefits scheme, they are entitled to participate in its administration at least in proportion to their contributions; wherever possible, the employees must elect their representative from among their employer’s personnel.¹²⁷

⁴ ...¹²⁸

⁵ The beneficiaries may sue the foundation for the distribution of benefits if they have paid contributions into it or if according to the foundation’s regulations they have a legal entitlement to such benefits.

⁶ For employee benefits schemes providing old age, survivors’ and invalidity pensions which are subject to the Vested Benefits Act of 17 December 1993¹²⁹ (VBA), the provisions of the Federal Act of 25 June 1982 on Occupational Old Age, Survivors’ and Invalidity Pension Provision (OPA)¹³⁰ on the following matters apply:¹³¹

1.¹³²

the definition and principles of occupational pension arrangements and the insurable salary or income (Art. 1, 33a and 33b);

2.¹³³

the requirement of being subject to OASI (Art. 5 para. 1);

3.

the beneficiaries in the case of survivors’ benefits (Art. 20a);

3a.¹³⁴

the adjustment of the invalidity pension following the equitable division of occupational pensions (Art. 24 para. 5);

3b.¹³⁵

the provisional continuation of insurance and of the entitlement to benefits on the reduction or termination of the invalidity pension (Art. 26a);

4.¹³⁶

the adjustment of plan benefits to inflation (Art. 36 para. 2–4);

4a.¹³⁷ the agreement on a lump sum payment (Art. 37a);

4b.¹³⁸

the measures in the case of neglect of maintenance obligations (Art. 40);

5.

the prescription of claims and the safekeeping of insurance documents (Art. 41);

5a.¹³⁹

the use, processing and disclosure of the OASI number (Art. 48 para. 4, Art. 85a lit. f and Art. 86a para. 2 lit. b^bis);

6.

liability (Art. 52);

7.¹⁴⁰

the licensing and duties of the supervisory bodies
(Art. 52a–52e);

8.¹⁴¹

the integrity and loyalty of the persons responsible, transactions with close associates and conflicts of interest
(Art. 51b, 51c and 53a);

9.

partial or total liquidation (Art. 53b–53d);

10.¹⁴²

termination of contracts (Art. 53e);

11.

the guarantee fund (Art. 56 para. 1 lit. c and para. 2–5, Art. 56a, 57 and 59);

12.¹⁴³

supervision and oversight (Art. 61–62a and 64–64c);

13.¹⁴⁴

...

14.¹⁴⁵

financial security (Art. 65 para. 1, 3 and 4, Art. 66 para. 4, Art. 67 and Art. 72a–72g);

15.

transparency (Art. 65a);

16.

reserves (Art. 65b);

17.

insurance contracts between occupational benefits schemes and insurance institutions (Art. 68 para. 3 and 4);

18.¹⁴⁶

asset management (Art. 71) and the shareholder’s requirement to vote (Art. 71a and 71b);

19.

legal recourse (Art. 73 and 74);

20.

criminal provisions (Art. 75–79);

21.

buy-in (Art. 79b);

22.

insurable salary and income (Art. 79c);

23.

provision of information to insured persons (Art. 86b).¹⁴⁷

⁷ For employee benefits schemes providing old age, survivors’ and invalidity pensions but which are not subject to the VBA, such as employer-sponsored welfare funds with discretionary benefits and financing foundations, only the following provisions of the OPA apply:

1.

the requirement of being subject to OASI (Art. 5 para. 1);

2.

the use, processing and disclosure of the OASI number (Art. 48 para. 4, 85a let. f and 86a para. 2 let. b^bis);

3.

liability (Art. 52);

4.

the licensing and duties of the auditors (Art. 52a, 52b and 52c para. 1 let. a–d and g, 2 and 3);

5.

the integrity and loyalty of the persons responsible, transactions with close associates and conflicts of interest (Art. 51b, 51c and 53a);

6.

total liquidation (Art. 53c);

7.

supervision and oversight (Art. 61–62a and 64–64b);

8.

legal recourse (Art. 73 and 74);

9.

criminal provisions (Art. 75–79);

10.

tax treatment (Art. 80, 81 para. 1 and 83).¹⁴⁸

⁸ For employee benefits schemes under paragraph 7, the following provisions also apply:

1.

they manage their assets so that security, an adequate yield on investments and the required liquidity for their tasks are guaranteed.

2.

the supervisory authority shall rule on partial liquidation matters related to employer-sponsored welfare funds with discretionary benefits at the request of the foundation board.

3.

they shall respect the principles of equal treatment and fairness mutatis mutandis.¹⁴⁹