Selected Legislative Revisions As Of January 1, 2024

• Published date: 05 April 2024
• Subject Matter: Corporate/Commercial Law, Employment and HR, Government, Public Sector, Tax, Corporate and Company Law, Retirement, Superannuation & Pensions, Employee Benefits & Compensation, Constitutional & Administrative Law, Sales Taxes: VAT, GST
• Law Firm: Staiger Attorneys at Law
• Author: Staiger Attorneys At Law

Reform AHV 21

The reform to stabilise the AHV, which was approved by the people and the cantons, came into force on 1 January 2024. The reform includes both the amendment to the AHV Act and the federal decree on the additional financing of the AHV through an increase in VAT. When the reform comes into force, the retirement age for women and men will be standardised. The reference age (formerly "normal retirement age") for women will be gradually increased from 64 to 65. From 2025, the reference age will be increased by three months each year, meaning that standardisation will be completed by 2028. For women born in 1961, the reference age will therefore be 64 and three months, for women born in 1962 it will be 64 and 6 months, until the reference age of 65 ultimately applies to all women born in 1964 or later. The law provides for equalisation measures for the transition generation born between 1961 and 1969.

The AHV 21 reform also introduces more flexible retirement options. Previously, those who wanted to retire early could only draw their retirement pension either one or two years in advance. Now, the pension can be drawn from any month between the ages of 63 and 70. This means that it is now possible to draw the pension monthly in advance or defer it, which should facilitate the gradual transition to retirement. Also in contrast to the past, only part of the pension can now be drawn. The minimum amount for partial early withdrawal is 20 %, the maximum 80 %. The remainder is deferred.

Furthermore, the amendment to the law now offers the possibility of improving the retirement pension for people who continue to work and pay contributions after the reference age. Unlike before the revision, AHV contributions paid in after the reference age are now also taken into account, which means that contribution gaps can be closed.

The AHV 21 reform includes a federal decision to increase VAT in order to eliminate the deficit in the pension system. The standard tax rate was increased from 7.7% to 8.1%, the reduced tax rate for food and books from 2.5% to 2.6% and the special rate for accommodation from 3.7% to 3.8%. The interest rate applicable over time is determined by the time the service is provided. This means that the old interest rates remain applicable for services provided before 1 January 2024, regardless of whether the relevant invoices are not issued until 2024. The additional in-come will benefit the AHV in full.

Selective changes to foundation law

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