Federal Act on Disability Insurance

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Basic data
Title: Federal Act on Disability Insurance
Abbreviation: IVG
Type: Federal law
Scope: Switzerland
Legal matter: Social Security
Systematic
legal collection (SR) :		 831.20
Original version from: June 19, 1959
Entry into force on: October 15, 1959
Last change by: 6. IV revision, first package of measures from March 18, 2011
Effective date of the
last change:		 partly January 1, 2012 /
partly January 1, 2014
Please note the note on the applicable legal version.

The Federal Disability Insurance Act (IVG, also IV Act) of 1959, together with the ordinances of the Federal Council in Switzerland, regulates the organization of state benefits in kind and cash benefits in the event of disability. This institution is called disability insurance (IV).

Legal regulation

The legal basis for the IVG are primarily Articles 111 and 112 of the Swiss Federal Constitution , according to which the federal government also has to regulate the federal disability insurance and the Federal Act on the General Part of Social Insurance Law (ATSG) of October 6, 2000.

A legal definition of disability is contained in Art. 8 ATSG. According to this, disability is the likely permanent or long-term total or partial incapacity for work. In German pension insurance law , this is referred to as reduced earning capacity .

The purpose of disability insurance is to integrate or reintegrate the insured person affected by disability due to birth defects, the consequences of illness or accident, into working life (Art. 4 IVG). A pension is only paid if vocational rehabilitation is not possible. In this respect, the IVG follows the benefit principle of “rehabilitation before pension” applicable in German social insurance, which the Austrian disability pension also knows.

Services

The IVG provides for medical measures, integration measures for professional integration, aids that are necessary for the exercise of gainful employment, daily allowances during the implementation of integration measures and non-attachable pensions graded according to the degree of disability (Art. 50 IVG).

In addition, compensation is granted to helpless people who, because of impairment to their health, require the help of third parties or personal supervision for everyday life (Art. 9 ATSG). A distinction is made between severe, moderate and mild helplessness (Art. 42 IVG).

With the 6th IVG revision , with effect from January 1, 2012, a so-called assistance contribution was introduced for the first time . This is available to helpless people of age who live at home and employ an assistant there. The basis for the calculation of the assistance contribution is the time required for the assistance. In the German long-term care insurance , people in need of care are acc. Section 37 SGB ​​XI grants a care allowance for self-procured care assistants, depending on the care level , as well as additional cash benefits according to Section 45b SGB ​​XI for people with dementia-related disabilities, mental disabilities or mental illnesses and a considerable need for general supervision and care. There is a job assistance service in Germany for disabled people who are able to work .

execution

The IVG is implemented by cantonal IV offices (Art. 57 IVG), which are subject to the supervision of the Federal Office (Art. 64a IVG). The IV offices are public law institutions with their own legal personality (Art. 54 IVG). Among other things, they set up interdisciplinary regional medical services (RAD) that assess the functional performance of the insured in individual cases (Art. 59 IVG).

In deviation from the ATSG, certain special features apply to the social security and the administration of justice. The objection procedure according to Art. 52 ATSG does not apply. Disposals of the cantonal IV offices must be challenged directly before the insurance court at the location of the IV office for a fee (Art. 69 IVG).

financing

About 2/3 of the IVG benefits are financed by contributions from the insured and employers and 1/3 by federal contributions (Art. 77 IVG). The federal contribution may not exceed half of the annual expenses of the insurance, but must be at least 37.7% (Art. 78 IVG).

IVG ordinances

According to Art. 86 Para. 2 IVG, the Federal Council is charged with the enforcement of the law and issues the necessary dependent ordinances . The Federal Council can delegate the ordinance to the Federal Office.

The first Federal Council ordinance was dated January 17, 1961. It was followed in 1976 by the ordinance on the supply of medical aids (HVI) and in 1985 by the ordinance on birth defects (GgV), both of which have been changed by further ordinances over time. The distribution of aids was, for example, further specified in a circular from the Federal Social Insurance Office with effect from January 1, 2013.

The Aids Ordinance describes the right to aids and lists them. In this respect, there is a parallel to the German Medical Aids Directive .

IVG revisions

The IVG was revised five times between 1968 and 2008. The service and administration system of the IV was gradually built up and expanded.

The 6th IVG revision has not yet been completed.

The first package of measures of the 6th IV revision (6a) came into force partly on January 1, 2012 and partly on January 1, 2014. Following the 4th and 5th IV revision, based on the underlying concept of “integration before retirement”, an assistance contribution in particular was introduced to promote a self-determined and responsible lifestyle for people with a disability .

A comprehensive restructuring plan is to be concluded with the second package of measures (6b) for the sustained consolidation and debt relief of the IV. The associated austerity measures are politically controversial. In June 2013, the 6th IVG revision (6b) was rejected by parliament.

UN Disability Rights Convention

On April 15, 2014, the UN Convention on the Rights of Persons with Disabilities (CRPD) was ratified by Switzerland as the 144th country and came into force on May 15, 2014. At least one reporting obligation to the UN is connected with this. Further changes in the IVG are a desideratum .

literature

  • Ulrich Meyer, Marco Reichmuth: Federal Act on Disability Insurance (IVG) . Zurich, 3rd edition 2014. ISBN 978-3-7255-7106-2

Web links

Individual evidence

  1. ^ Federal Act on Disability Insurance (IVG) (6th IV revision, first package of measures) Amendment of March 18, 2011
  2. ↑ Federal Act on the General Part of Social Insurance Law of October 6, 2000 (as of January 1, 2012)
  3. ↑ Canton of Zurich, Social Assistance Security Directorate: Overview of the Federal Act on the General Part of Social Insurance Law (ATSG) , July 4, 2013
  4. ↑ Ueli Kieser: General Part of Social Insurance Law (ATSG) (without year)
  5. ↑ Wolfgang Schütte: The priority of rehabilitation over pension and care Journal for Social Reform ZSR, 2004, pp. 473–492
  6. ^ Federal Act on Disability Insurance (IVG) (6th IV revision, first package of measures) Amendment of March 18, 2011, E. The assistance contribution, Art. 42
  7. ↑ Ordinance on Disability Insurance (IVV) of January 17, 1961 (as of January 1, 2015)
  8. ↑ Federal Social Insurance Office (FSIO): Page no longer available , search in web archives: Laws and ordinances on IVG, collection of links@1@ 2Template: Dead Link / www.bsv.admin.ch
  9. ↑ Federal Social Insurance Office: Circular letter on the provision of aids by the disability insurance (KHMI) ( Memento from February 1, 2016 in the Internet Archive )
  10. ↑ Milestones in IV history ( Memento from March 4, 2016 in the Internet Archive ) iv-pro-medico 2012
  11. ↑ 1st IVG revision 1968
  12. ↑ 2nd IVG revision 1987/88 (PDF; 30 kB)
  13. ↑ 3rd IVG revision 1992 (PDF; 11 kB)
  14. ↑ 4th IVG revision 2004 Message on the 4th revision of the Federal Act on Disability Insurance of February 21, 2001
  15. ↑ Page no longer available , search in web archives: 5th IVG revision 2008@1@ 2Template: Dead Link / www.bsv.admin.ch
  16. ↑ 6th IV revision, first package of measures, change from March 18, 2011
  17. ↑ Michael Schoenenberger: Mixed balance. IV revision 6a far below expectations NZZ of August 18, 2014
  18. ↑ Message on the amendment to the Federal Act on Disability Insurance (6th IV revision, first package of measures) of February 24, 2010
  19. ↑ Final provisions of the changes from March 18, 2011 (IV revision 6a) Coordination Switzerland, online manual
  20. ↑ Message on the amendment to the Federal Act on Disability Insurance (6th IV revision, second package of measures) of May 11, 2011
  21. ↑ Up to 99 percent of partial disability pensions are to be cut Basler Zeitung , October 13, 2010
  22. ↑ Curia Vista - Bank 11.030 - Business of the Federal Council, 6th IV revision. Second package of measures parlament.ch
  23. ^ Page no longer available , search in web archives: Rejected submission: The IV revision 6b Federal Social Insurance Office (FSIO), July 8, 2013 @1@ 2Template: Dead Link / www.bsv.admin.ch
  24. ↑ UN Convention on the Rights of Persons with Disabilities, Federal Department of Home Affairs, website
  25. ^ UN Committee for the Protection of the Rights of Persons with Disabilities website
  26. ↑ UN Convention: Switzerland needs to make improvements here Peter Wehrli / Center for Self- Determined Living, April 14, 2014