The Pension Scheme Trust Deed is a foundational document required when establishing an occupational pension scheme in Switzerland. It serves as the constitutional document of the pension foundation and must comply with the mandatory requirements of the Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans (BVG/LPP) and related ordinances. The document is essential for any employer operating in Switzerland with employees meeting certain salary thresholds, as occupational pension coverage is mandatory under Swiss law. The deed establishes the legal framework for the scheme's operation, defining the roles and responsibilities of all parties involved, contribution structures, benefit provisions, and investment parameters. It must be approved by the relevant supervisory authority and forms the basis for all subsequent scheme operations and modifications.
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1. Parties: Identifies the founder(s), initial trustees/foundation board members, and any other initial parties to the deed
2. Background: Sets out the context and purpose for establishing the pension scheme
3. Definitions: Defines key terms used throughout the deed
4. Establishment and Purpose: Formally establishes the pension foundation and sets out its primary objectives in accordance with Swiss law
5. Foundation Board: Details the composition, appointment, removal, and duties of the foundation board members
6. Administration and Management: Outlines the basic administrative structure and management responsibilities
7. Membership: Defines eligibility criteria and conditions for scheme membership
8. Contributions: Specifies the contribution structure and payment obligations
9. Benefits: Details the types of benefits provided and conditions for their payment
10. Investment Powers: Sets out investment powers and restrictions in line with BVV2/OPP2 requirements
11. Amendments: Procedures for amending the deed and limitations on amendments
12. Termination and Winding Up: Circumstances and procedures for scheme termination
13. Governing Law and Jurisdiction: Confirms Swiss law application and jurisdiction
1. Employer Obligations: Additional section needed when multiple employers participate in the scheme
2. International Provisions: Required when the scheme has international elements or members abroad
3. Risk Benefits: Detailed section needed when the scheme provides additional risk benefits beyond the mandatory minimum
4. Bonus and Surplus Distribution: Required when the scheme includes provisions for distributing investment surpluses
5. Alternative Investment Strategies: Needed when offering investment choice to members
6. Data Protection: Detailed section required when handling data across borders or with external providers
7. Partial Liquidation: Required for larger schemes with potential for partial liquidation scenarios
1. Schedule 1 - Definitions: Detailed definitions and technical terms
2. Schedule 2 - Foundation Board Procedures: Detailed procedures for board meetings and decision-making
3. Schedule 3 - Contribution Rates: Current contribution rates and calculation methods
4. Schedule 4 - Benefit Calculations: Technical details of benefit calculations and conversion rates
5. Schedule 5 - Investment Guidelines: Detailed investment restrictions and guidelines
6. Schedule 6 - Administrative Procedures: Detailed administrative and operational procedures
7. Schedule 7 - Fee Schedule: Current administrative and management fees
8. Appendix A - Registration Documents: Copies of regulatory registrations and approvals
9. Appendix B - Actuarial Basis: Technical actuarial assumptions and methods
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