Agreement on the Free Movement of Persons

The Agreement on the Free Movement of Persons (AFMP) provides the basis for coordination between the various social security systems of Switzerland and the member states of the European Union.

Concluded on 21 June 1999 between Switzerland and the EU and in force since 1 June 2002, the AFMP is aimed at promoting geographical and professional mobility by easing residence and employment requirements in the states concerned. By ensuring better coordination of the various social security systems, it allows people to be covered beyond national borders.

Annex II of the Agreement contains the coordination provisions applicable within the EU, i.e. Regulations (EC) No 883/2004 and No 987/2009. Switzerland is also covered by these regulations through the AFMP.

States covered

The AFMP links Switzerland to the 27 EU member states.

Member states (europa.eu)

Persons covered

The coordination rules apply to nationals of the states mentioned above who are or were subject to the social security legislation of one or more of these states, as well as to stateless persons and refugees living in one of these states. The family members and survivors of such persons are also covered.

Furthermore, these rules also apply to the survivors of persons who were subject to the legislation of one or more of the above states, irrespective of their nationality, if their survivors are nationals of one of these states or stateless persons or refugees living in one of these states.

Areas covered

The coordination rules cover the following social security areas:

old age,
death (survivors' benefits),
disability,
illness and maternity,
occupational accidents and diseases,
unemployment,
family allowances.

Principal effects in the area of OASI/DI

1. Equal treatment

In principle, covered persons enjoy the same rights and are subject to the same obligations as nationals from contracting states, by virtue of the legislation in any such state.

In other words, as regards OASI/DI, one state is in principle obliged to accord the nationals of other contracting states the same treatment as its own nationals.

2. Applicable legislation

In principle, covered persons are subject to a single set of social security legislation.

Thus, persons in gainful employment are, in principle, subject to the legislation of the state in which they exercise that activity. A temporary posting to another state constitutes an exception to the principle of affiliation based on work location.

3. Benefits exporting

In principle, ordinary OASI/DI pensions can be exported anywhere in the world.

Only ordinary DI pensions at a rate lower than 50% remain restricted to the territory of the above states.

4. Cooperation

The contracting states are required to assist each other in implementing the Agreement.

5. Submission of benefit applications

Applications for benefits must be submitted in only one state, specifically to either the institution in the place of residence or the institution of the last state in which the legislation applied.

This institution is responsible for examining applications in accordance with its applicable legislation and for passing them on to the institutions of the other states concerned.

Request for a foreign benefit

Request for an old-age pension from Switzerland

Request for a survivors' pension from Switzerland

Request for a disability pension from Switzerland

6. Assessment of eligibility and calculation of pension

Each state has its own social security system and defines the conditions (retirement age, minimum contribution period, disability assessment, etc.) and the calculation basis for allocating benefits in accordance with its legislation.

In Switzerland, a minimum contribution period of one year is required for ordinary OASI pensions; for ordinary DI pensions, this period is three years.

Conditions for and calculation of Swiss old-age pensions

Conditions for and calculation of Swiss survivors' pensions

Conditions for and calculation of Swiss disability pensions

However, it is possible to include contribution periods from one or more of the above states, where the Swiss contribution periods are not sufficient to confer eligibility for a DI pension.

Provided the conditions for payment are met, Switzerland pays a pension calculated on the basis of insurance periods in accordance with its legislation. Persons who have been insured in more than one state may claim a partial pension from each of these states.