Federal Court rules on December 12Will Switzerland vote again on the retirement age for women?
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8.11.2024 - 15:44
The AHV miscalculation puts the vote on the women's retirement age in 2022 in a new light. The Federal Supreme Court will decide at the beginning of December whether the bill will be put to the ballot box again.
08.11.2024, 15:44
08.11.2024, 15:50
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The Federal Supreme Court is considering repeating the vote on raising the women's retirement age due to incorrect AHV forecasts and has scheduled a public hearing, which indicates internal differences of opinion.
The Greens and SP women believe that the incorrect data violates citizens' political rights and are calling for a new vote, as the calculation error could have influenced the outcome of the vote.
The decision, which is expected on December 12, could also affect the VAT, which has already been increased in favor of the AHV. This is linked to the increased retirement age: without equalizing the retirement age for women with that of men, the increase in the AHV is not legal.
The Federal Supreme Court is faced with an important decision: should the vote on raising the retirement age for women be repeated due to a calculation error in the AHV forecasts?
The federal judges appear to be in disagreement, as the court has announced a public hearing. This indicates that at least one judge does not agree with the decision, writes the Tages-Anzeiger. Normally, decisions are made in writing, but in the event of disagreement, an oral hearing is scheduled.
Furthermore, the Federal Supreme Court did not appoint the five judges who would actually be responsible for the decision. Because an all-male panel would then have decided, two judges were replaced by female judges. The "Tages-Anzeiger" has learned that the regulations of the Federal Supreme Court provide for this step if it is appropriate for the case being decided.
Background to the vote and the role of the parties
In 2022, a narrow majority of 50.6 percent of voters approved the gradual increase in the retirement age for women from 2025.
However, in the summer of 2024, it became known that the Federal Social Insurance Office had calculated and published incorrect figures for AHV expenditure up to 2040. This has raised doubts about the validity of the result. The Greens and the SP women are calling for the vote to be repeated and have submitted a corresponding complaint.
Time is pressing. The first increase is due to take place in 2025. Green Party President Lisa Mazzone emphasizes that it is important for the Federal Supreme Court to make a decision before the reform comes into force.
The announcement of a public consultation is welcomed by the Greens and SP women. They see this as an advantage, as the decision will not only be made by men. The panel of judges consists of three men and two women, which, according to the Federal Supreme Court, meets the requirements for gender parity in certain cases.
Link to value added tax
The complainants argue that the political rights of citizens have been violated. The incorrect financial forecasts had significantly influenced the outcome of the vote. The SP women emphasize that the population must decide on the basis of correct information. They point out that the federal government's miscalculation will lead to considerable financial discrepancies over a period of ten years.
The matter is made even more complicated by the fact that the increase in the retirement age for women is linked to higher VAT contributions for the AHV, which were approved separately at the ballot box.
The higher VAT is already in force, so if the vote on the women's retirement age is repeated, the question arises as to whether the decision on VAT will also be affected. The higher VAT rate is linked to the condition that the retirement age for women is brought into line with that of men. This condition would not be met if the increase in the retirement age for women were to be rejected in a repeat vote.
Possible scenarios and the influence on legislation
The Greens and SP Women suggest that the Federal Council could submit alternative proposals to Parliament. These would not necessarily have to include an increase in the retirement age for women. Lowering the retirement age for men or removing the link to VAT in the constitution would be conceivable options.