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
1. Pledge

Art. 331d154

1 At any time up to three years before becoming entitled to draw retirement benefits, the employee may pledge his entitlement to occupational benefits or an amount up to the limit of his transferable benefits for the purpose of acquiring a property for his own personal use.

2 The pledge is also permitted 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.

3 The pledge is valid only if notified in writing to the benefits scheme.

4 The amount pledged by employees aged 50 or older must not exceed the transferable benefit entitlement they would have had at 50 or one-half of their transferable benefit entitlement at the time the pledge is given.

5 Married employees may pledge benefits 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.[155](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9567) The same applies to registered partnerships.[156](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9583) 

6 Where the pledge is realised before the benefits fall due or the cash payment is made, Articles 30_d_, 30_e_, 30_g_ and Article 83_a_ of the Federal Act of 25 June 1982[157](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9609) on Occupational Old Age, Survivors' and Invalidity Pension Provision are applicable.[158](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9619) 

7 The Federal Council determines:

a.

 the purposes for which the pledge is permissible and the definition of ‘own personal use’;

b.

 the conditions to be fulfilled for the pledging of entitlements to acquire shares in a housing cooperative or similar participatory venture.

[154](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9534) 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)).

[155](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9567) Second sentence 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)).

[156](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9583) Amended by Annex No 11 to the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 ([AS **2005** 5685](eli/oc/2005/782/en);[BBl **2003** 1288](eli/fga/2003/194/en)).

[157](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9609) [SR **831.40**](eli/cc/1983/797%5F797%5F797/en) 

[158](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9619) 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)).