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- The Treasury delegation opposes the retroactive payment of pensions to the magistrates.
- This applies in particular to former Federal Councilor Christoph Blocher, who only filed a claim 12 years after leaving the Federal Council.
- The Federal Council had already approved Blocher’s pension. After the finance delegation says no, check the books again.
Federal counselors are entitled to a pension for life immediately after leaving office. This is common and, in fact, indisputable. However, it is not clear how long the right to this pension will exist retrospectively.
Because the law and ordinance do not contain any provision for the case that a magistrate does not assert his right to payment of his pension immediately after leaving office, but applies retrospectively at a later time.
This problem became apparent in early July, when former Federal Councilor Christoph Blocher wanted to collect his retirement pension twelve years after leaving office. This amounts to a total of 2.7 million francs.
The Federal Council had already agreed
The Federal Council has already confirmed Blocher’s claim, but has yet to obtain the opinion of the finance delegation of the National Council and the Council of States.
And this finds clear words: the interpretation of the law and the ordinance give no indication of a claim for a retroactive payment, writes the finance delegation in a message. Therefore, it recommends that the Federal Council refrain from making retroactive pension payments.
Prejudices can be created
If a retroactive right to a pension were asserted in individual cases, this would have a detrimental effect on all magistrates. In addition, this would be equivalent to withdrawing the capital that has been saved, as is possible today in the field of old age. This does not correspond to the will of the legislator or to the legal nature of the pension.
The Swiss Federal Audit Office will now take a closer look at the practice of magistrates pensions on behalf of the finance delegation. The Federal Council has the last word on Blocher’s pension.