Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:20:p8
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 20 (pt 8/17)
Character Range: 699651–702508

of Disability Insurance Coverage

For the purpose of entitlement to ordinary pensions under Swiss legislation on disability insurance, Australian nationals shall remain insured for one year after the interruption of work resulting in disability, provided that person had to give up their gainful activity in Switzerland due to an accident or illness and that person's disability has been determined in Switzerland. The person must continue to pay contributions to Swiss old age, survivors' and disability insurance as if they had their domicile in Switzerland.

Article 14
Old Age, Survivors' and Disability Insurance: Lump Sum Payments

    1. If an Australian national or their survivor who does not reside in Switzerland is entitled to an ordinary partial pension under the Swiss old age and survivors' insurance which is equal to not more than 10% of the corresponding ordinary full pension, that person shall be granted instead of the partial pension, a lump sum which corresponds to the capitalised value of the pension payable under Swiss legislation when the insured event occurs. If an Australian national or their survivor, who received such a partial pension, permanently leaves Switzerland, that person shall also be granted a lump sum which corresponds to the capitalised value of that pension at the time of departure.

    2. If the ordinary partial pension is equivalent to more than 10% but not more than 20% of the corresponding ordinary full pension, an Australian national or their survivor who does not reside in Switzerland or who is permanently leaving Switzerland may opt between having the pension paid or a lump sum. This option shall be made during the course of the procedure to determine the pension if the entitled person is staying outside Switzerland when the insured event occurs, or when leaving the country, if the entitled person already received a pension in Switzerland.

    3. In the case of a married couple where both spouses have been insured under the Swiss insurance, the lump sum is paid to one spouse only when the other spouse is entitled to a pension.

    4. When the lump sum has been paid out by the Swiss insurance institution no further claims can be asserted against that institution in respect of previous contributions paid or of corresponding insurance periods.

    5. Paragraphs 1 to 4 shall apply mutatis mutandis to ordinary pensions of the Swiss disability insurance provided that:

         (a) the person, who has entitlement, has achieved the age of 55 years; and

         (b) the Swiss insurance doesn't require any further verification of the fulfilment of the conditions concerning the disability of that person.

Article 15
Extraordinary Pensions

    1. Australian nationals shall under the same conditions as Swiss nationals be entitled to receive a Swiss extraordinary survivors'