The key points for you 2021 partial liquidation of the collective foundation

The AXA Foundation for Occupational Benefits met the conditions for a partial liquidation on balance sheet date December 31, 2021. Insureds and retirees will not be affected by this.

Key points at a glance
  • The partial liquidation process will have no direct impact on you as an insured / pensioner.
  • Retirees will continue to regularly receive their pension.
  • You are receiving this information because the collective foundation is required by law to inform all occupational benefits fund commissions, insureds and retirees.

What is a partial liquidation?

Employers in Switzerland are required by law to provide their employees with occupational benefits. Most companies do not have their own pension fund, however. Instead, they  join a collective foundation which manages a separate occupational benefits fund for each affiliated company.

But if some companies leave the collective foundation and join a new occupational benefits institution, then in some circumstances the fund must be partially liquidated.

Insureds and retirees who, due to a contract termination, transfer to another occupational benefits institution as a group will have a collective, pro-rata entitlement to the collective foundation’s funds (fluctuation reserves and technical provisions) in addition to the withdrawal benefits. These funds will be transferred to the new occupational benefits institution on behalf of the group of insureds.

Please note that nothing will change for companies and their employees who remain in the collective foundation. Their claims in the collective foundation remain unchanged.

What are the conditions for a partial liquidation?

The conditions for a partial liquidation can be found in the “Partial liquidation of a collective foundation” regulations (valid from 01/01/2019).Under these regulations, the requirements are met if

  • one or more affiliation contracts are terminated and
  • the funding ratio of the collective foundation (as per Art. 44 BVV2 / OPP2 ) on the balance sheet date  is over 110 percent or under 98 percent.

The AXA Foundation for Occupational Benefits met these conditions on balance sheet date December 31, 2021, with a funding ratio of over 110 percent.

What funds will be distributed?

In the course of the partial liquidation, the collective foundation’s technical provisions and fluctuation reserves will be distributed on a pro-rata basis among the occupational benefits institutions that are remaining as well as those that are leaving.

Technical provisions are only distributed in a partial liquidation if the corresponding risks are also transferred to the new occupational benefits institution.

The calculation of the entitlement to the fluctuation reserves takes into consideration the share of the group of insureds for whom these funds were created when the affiliation took place.

How will the funds be allocated?

The allocation is carried out according to the distribution plan, which is based on the balance sheet date of December 31, 2021. The distribution plan sets out which occupational benefits institution is entitled to which claims.

What does this mean for me as an insured / retiree?

For insureds and people retired from a company which remains affiliated with the AXA Foundation for Occupational Benefits:

The partial liquidation process will have no direct impact on you as an insured / retiree. Your current pension situation will not change.

Retirees will continue to regularly receive their pension.

The claims of your occupational benefits institution on the collective foundation will remain unchanged.

For insureds and retirees whose company left the collective foundation between December 31, 2021 and December 30, 2022 to join a new occupational benefits institution:

The partial liquidation process will have no direct impact on you as an insured / retiree.

Retirees will continue to regularly receive their pension.

The funds owed to your group of insureds will be transferred as an aggregate amount to the new occupational benefits institution. The new occupational benefits institution or occupational benefits fund commission will decide how they are used.

Do I need to do anything?

No. There is nothing you need to do.

You are receiving this information because the collective foundation is required by law to inform all occupational benefits fund commissions, insureds and retirees.

Frequently asked questions about partial liquidations

What is the legal basis for a partial liquidation?

Under Art. 53b OPA of the law, every occupational benefits institution must stipulate in the regulations the conditions and the procedure for a partial liquidation. The Board of Trustees issued the “Regulations on the partial liquidation of a collective foundation,” which apply. It was approved by the regulatory authority.

Who decides to carry out a partial liquidation procedure?

If the conditions for a partial liquidation of the collective foundation have been fulfilled, the Board of Trustees decides to carry out a partial liquidation.

Who is entitled to claim the additional funds?

Insureds and retirees who have transferred to another occupational benefits institution as a group between December 31, 2021 and December 30, 2022 due to a contract termination.

Individuals who left the collective foundation (e.g. due to change of job) have no claim on the additional funds of the collective foundation.

What are technical provisions?

Technical provisions are financial reserves that the collective foundation creates in order to cover future obligations that are foreseeable already today but which are not covered by contributions.

What are fluctuation reserves?

The collective foundation creates fluctuation reserves so that it has a financial buffer for fluctuations on the financial markets in order to offset any losses.

What happens to the transferred funds?

The funds owed to the departing group of insureds will be transferred to the new occupational benefits institution as an aggregate amount with no individual allocation. The new occupational benefits institution or occupational benefits fund commission will decide how they are used.

Who received information about the partial liquidation and how was it provided?

All occupational benefits fund commissions and retirees were informed in writing about the partial liquidation procedure and the next steps. The occupational benefits fund commissions were asked to forward the information contained in the letter to the insureds within 10 days of receipt. The collective foundation wrote to the retirees directly.

The partial liquidation procedure in 2021 was also published in the Swiss Commercial Gazette (Schweizerisches Handelsamtsblatt).

What are my options if I wish to know more about the partial liquidation procedure?

Right of Inspection

All insureds and retirees have the right to inspect the key documents relating to the partial liquidation procedure, subject to data protection provisions (e.g. collective foundation’s annual financial statements, Board of Trustees’ decision, distribution plan statement or statement from the pension actuary).

An appointment to inspect must be made in advance by writing to: (teilliquidation@axa.ch).

The files are available for viewing at the collective foundation in Winterthur. You will not be able to take the documents or any copies with you.

The files may be viewed before the applicable deadline on DATE at the latest.

Please bring the following documents for identification purposes:

  • Passport/ID card or driver’s license
  • OASI number or social insurance numbe

 

Right of Objection

All insureds and retirees of the collective foundation and employers have the right to object in writing to the decision of the Board of Trustees. The objection must be submitted in writing, stating the reason. The following points must be included in the letter:

  • Contract no.
  • Social security no.
  • Subject: “Objection to 2021 partial liquidation of collective foundation”
  • Reason
  • Signature (no electronic signatures)

Objections must be sent in writing by no later than the applicable deadline on DATE to the following address: AXA, P.O. Box 300, 8401 Winterthur

What does a partial liquidation mean for the financial stability of the collective foundation?

In a partial liquidation, not only the funds, but also the related risks are transferred to the new occupational benefits institution. The financial stability and the performance of the collective foundation are thus unchanged for the occupational benefits funds remaining in the collective foundation.

The distribution plan is structured so that, in addition to treating the departing group of insureds equally, it also takes into consideration the interests of the insureds who remain with the collective foundation.

Contact person for other questions

If you have any questions about the partial liquidation of the collective foundation, you can reach us quickly and easily by email or phone.