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Pension Scheme Trust Deed Template for Switzerland

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Key Requirements PROMPT example:

Pension Scheme Trust Deed

"I need a Pension Scheme Trust Deed for a newly established Swiss manufacturing company with 200 employees, planning to implement a standard BVG-compliant pension scheme starting from January 2025, with basic statutory benefits only."

Document background
The Pension Scheme Trust Deed is a foundational document required when establishing an occupational pension scheme in Switzerland. It serves as the constitutional document of the pension foundation and must comply with the mandatory requirements of the Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans (BVG/LPP) and related ordinances. The document is essential for any employer operating in Switzerland with employees meeting certain salary thresholds, as occupational pension coverage is mandatory under Swiss law. The deed establishes the legal framework for the scheme's operation, defining the roles and responsibilities of all parties involved, contribution structures, benefit provisions, and investment parameters. It must be approved by the relevant supervisory authority and forms the basis for all subsequent scheme operations and modifications.
Suggested Sections

1. Parties: Identifies the founder(s), initial trustees/foundation board members, and any other initial parties to the deed

2. Background: Sets out the context and purpose for establishing the pension scheme

3. Definitions: Defines key terms used throughout the deed

4. Establishment and Purpose: Formally establishes the pension foundation and sets out its primary objectives in accordance with Swiss law

5. Foundation Board: Details the composition, appointment, removal, and duties of the foundation board members

6. Administration and Management: Outlines the basic administrative structure and management responsibilities

7. Membership: Defines eligibility criteria and conditions for scheme membership

8. Contributions: Specifies the contribution structure and payment obligations

9. Benefits: Details the types of benefits provided and conditions for their payment

10. Investment Powers: Sets out investment powers and restrictions in line with BVV2/OPP2 requirements

11. Amendments: Procedures for amending the deed and limitations on amendments

12. Termination and Winding Up: Circumstances and procedures for scheme termination

13. Governing Law and Jurisdiction: Confirms Swiss law application and jurisdiction

Optional Sections

1. Employer Obligations: Additional section needed when multiple employers participate in the scheme

2. International Provisions: Required when the scheme has international elements or members abroad

3. Risk Benefits: Detailed section needed when the scheme provides additional risk benefits beyond the mandatory minimum

4. Bonus and Surplus Distribution: Required when the scheme includes provisions for distributing investment surpluses

5. Alternative Investment Strategies: Needed when offering investment choice to members

6. Data Protection: Detailed section required when handling data across borders or with external providers

7. Partial Liquidation: Required for larger schemes with potential for partial liquidation scenarios

Suggested Schedules

1. Schedule 1 - Definitions: Detailed definitions and technical terms

2. Schedule 2 - Foundation Board Procedures: Detailed procedures for board meetings and decision-making

3. Schedule 3 - Contribution Rates: Current contribution rates and calculation methods

4. Schedule 4 - Benefit Calculations: Technical details of benefit calculations and conversion rates

5. Schedule 5 - Investment Guidelines: Detailed investment restrictions and guidelines

6. Schedule 6 - Administrative Procedures: Detailed administrative and operational procedures

7. Schedule 7 - Fee Schedule: Current administrative and management fees

8. Appendix A - Registration Documents: Copies of regulatory registrations and approvals

9. Appendix B - Actuarial Basis: Technical actuarial assumptions and methods

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























































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Relevant Industries

Financial Services

Manufacturing

Technology

Healthcare

Retail

Professional Services

Education

Construction

Hospitality

Transportation

Energy

Telecommunications

Pharmaceutical

Real Estate

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Finance

Compliance

Risk Management

Treasury

Board of Directors

Executive Management

Operations

Company Secretariat

Employee Benefits

Compensation and Benefits

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Human Resources Director

Pension Fund Manager

Legal Counsel

Compliance Officer

Risk Manager

Finance Director

HR Manager

Benefits Manager

Compensation Specialist

Treasury Manager

Board Member

Company Secretary

Operations Director

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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