Pursuant to Article 5(1)(b) of the Federal Law on Vesting in Pension Plans (FZG/LFLP), members may apply to withdraw their termination benefit in cash if they satisfy both of the following conditions: if a member can show that he is or is becoming self-employed and if he exercises his self-employed activity as a main gainful occupation.
Members who are self-employed as a secondary occupation alongside their (existing) main gainful employment are not eligible for a cash disbursement.
In the past, the AHV/AVS compensation offices would issue the confirmation that a person's main occupation was in a self-employed capacity after checking the documentation submitted by the applicant. However, following the decision of the Administrative Court of Canton Bern of 8 October 2013, the AHV/AVS compensation offices no longer have to confirm in writing whether a self-employed activity is exercised as a main or a secondary occupation.
Members who have applied to Liberty Foundation for Vested Pension Benefits or Liberty Foundation for 3a Retirement Savings for a cash payment following self-employment and who do not have a confirmation from their AHV/AVS compensation office indicating their main occupation will be asked by the occupational benefits institution to submit additional evidence showing that they are self-employed as a main occupation.
In that case, the same documents that were required to be filed with the AHV/AVS compensation office (including a copy of the duly completed and signed questionnaire) have to be submitted to Liberty Foundation for Vested Pension Benefits or Liberty Foundation for 3a Retirement Savings, as the case may be, in addition to the Liberty application form for a cash payment.
The documents are:
The above enumeration is non-exhaustive.
These documents should conclusively establish that the applicant is taking up a self-employed occupation, or that he is already self-employed. An application for a cash payment of termination benefits may be filed with Liberty Pensions within one year after the AHV/AVS issues its confirmation of self-employment as a main occupation.