The rules governing the asset management of Swiss pension funds, including the use of derivative instruments, are set out in the Federal Act on Occupational Benefit Plans and the Federal Ordinance on Occupational Benefit Plans. Further, the Federal Social Insurance Office, as the federal supervisory authority of pension funds, published professional recommendations for the use of derivative financial instruments (October 15 1996).
In the future, pension funds which are subject to the Federal Act on Occupational Benefit Plans will also be subject to the new derivatives regulations pursuant to the proposed new Financial Market Infrastructure Act, which is expected to enter into force in the first half of 2015. The Federal Council is competent to provide for certain exemptions under the new act. Whether such exemptions shall apply to pension funds remains open.