Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
D. Employee benefits provision
V. Promotion of home ownership
2. Early withdrawal

Art. 331e159

1 At any time up to three years before becoming entitled to draw retirement benefits, the employee may claim an amount from his benefits scheme for the purpose of acquiring a property for his own personal use.

2 Employees under the age of 50 may withdraw an amount up to the limit of their transferable benefits. Employees aged 50 or older are entitled to withdraw no more than the transferable benefit entitlement they would have had at 50 or one-half of their transferable benefit entitlement at the time of the early withdrawal.

3 The employee may also use such amount for the purpose of acquiring shares in a housing cooperative or similar participatory venture provided a residential unit jointly financed in this manner is for the employee’s own personal use.

4 The early withdrawal brings about an immediate reduction in occupational benefit entitlements in accordance with the benefits scheme regulations and the actuarial basis employed by the benefits scheme. In order to avoid a shortfall in benefits cover resulting from this reduction in benefits in the event of death or disability, the benefits scheme offers supplementary insurance either directly or as broker for a third-party insurer.

5 Married employees may make such an early withdrawal and any subsequent establishment of a charge on immovable property only with the written consent of their spouse. Where the employee cannot obtain such consent or if it is withheld, the employee may apply to the civil courts. The same applies to registered partnerships.[160](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9684) 

6 Where married persons divorce before the benefits fall due, the early withdrawal is deemed a transferable benefit and is divided in accordance with Article 123 of the Civil Code[161](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9702), Articles 280 and 281 CPO[162](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9711) and Articles 22–22_b_ of the Vested Benefits Act of 17 December 1993[163](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9722). The same applies in the event of judicial dissolution of a registered partnership.[164](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9731) 

7 If the early withdrawal or pledge of entitlements jeopardises the liquidity of the benefits scheme, the fund may defer execution of the requests concerned. The benefits scheme must lay down in its regulations the order of priority in which early withdrawals or pledges of entitlements will be deferred in such an event. The Federal Council regulates the details.

8 In other respects Articles 30_d_, 30_e_, 30_g_ and Article 83_a_ of the Federal Act of 25 June 1982[165](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9760) on Occupational Old Age, Survivors' and Invalidity Pension Provision are applicable.[166](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9770) 

[159](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9651) Inserted by No II of the FA of 17 Dec. 1993 on the Promotion of Home Ownership using Occupational Pension Benefits, in force since 1 Jan. 1995 ([AS **1994** 2372](eli/oc/1994/2372%5F2372%5F2372/en);[BBl **1992** VI 237](eli/fga/1992/6%5F237%5F229%5F209/en)).

[160](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9684) Amended by Annex No 1 of the FA of 19 June 2015 (Pension Equality on Divorce), in force since 1 Jan. 2017 ([AS **2016** 2313](eli/oc/2016/379/en);[BBl **2013** 4887](eli/fga/2013/942/en)).

[161](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9702) [SR **210**](eli/cc/24/233%5F245%5F233/en) 

[162](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9711) [SR **272**](eli/cc/2010/262/en) 

[163](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9722) [SR **831.42**](eli/cc/1994/2386%5F2386%5F2386/en) 

[164](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9731) Amended by Annex 1 of the FA of 19 June 2015 (Pension Equality on Divorce), in force since 1 Jan. 2017 ([AS **2016** 2313](eli/oc/2016/379/en);[BBl **2013** 4887](eli/fga/2013/942/en)).

[165](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9760) [SR **831.40**](eli/cc/1983/797%5F797%5F797/en) 

[166](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9770) Amended by Annex No 1 of the FA of 19 June 2015 (Pension Equality on Divorce), in force since 1 Jan. 2017 ([AS **2016** 2313](eli/oc/2016/379/en);[BBl **2013** 4887](eli/fga/2013/942/en)).