Disability Insurance (AI/IV) in Switzerland: Rights, Pensions and Procedures
Disability insurance (AI/IV) is the first pillar of the Swiss social protection system against lasting work incapacity. Governed by the Federal Act on Disability Insurance (IVG/LAI), it covers any person domiciled or working in Switzerland who can no longer pursue their professional activity due to a health impairment. PBM Avocats assists insured persons in Geneva and Lausanne at all stages of their AI/IV procedure, from the initial application to judicial appeal.
The AI/IV reform that entered into force on 1 January 2022 profoundly changed the pension system, introducing a linear scale that replaces the former quarter-pension system. This change aims to better support the professional reintegration of disabled persons.
The Linear Pension System Since 2022
Before 2022, AI/IV paid fixed pensions (quarter, half, three-quarter, full pension) according to precise thresholds. The new system is progressive:
| Disability Rate | Pension Entitlement | Pension Calculation |
|---|---|---|
| Less than 40% | No pension | Rehabilitation measures possible |
| 40% to 49% | Partial pension | Linear: rate × full pension / 100 |
| 50% to 59% | Partial pension | Linear: rate × full pension / 100 |
| 60% to 69% | Partial pension | Linear: rate × full pension / 100 |
| 70% and above | Full pension | 100% of the ordinary pension |
The full AI/IV pension corresponds, in 2025, to a monthly amount between CHF 1,225 (minimum) and CHF 2,450 (maximum). This amount depends on contributions paid and years of contribution. Child pensions may be added to the main pension.
Conditions for Granting an AI/IV Pension
To benefit from an AI/IV pension, several cumulative conditions must be met:
- Lasting health impairment: the disability must result from a congenital infirmity, illness or accident, and be of a lasting or long-term nature (generally more than one year)
- Loss of earnings: the impairment must cause a loss of earnings of at least 40% after a full year of work incapacity
- Waiting period: a waiting period of 12 months from the start of work incapacity must be observed before the pension entitlement begins
- AI/IV contributions: at least one full year of AHV/AVS–AI/IV contributions must have been paid (except for those disabled from birth or childhood)
- Domicile or activity in Switzerland: or coverage under an international social security convention
Calculation of the Disability Rate: The Income Comparison Method
The disability rate is at the heart of any AI/IV procedure. It is determined by the ordinary method known as income comparison (art. 16 ATSG/LPGA):
- Income without disability: what the insured person would have earned without a health impairment, based on their last salary or wage statistics (LSE)
- Income with disability: what the insured person can still earn despite their disability, taking into account their residual work capacity
- Disability rate: difference between the two incomes, divided by the income without disability, expressed as a percentage
Special methods apply for persons without gainful activity (specific method) or for part-time work (mixed method). For homemakers, the impairment in household activities is assessed.
Rehabilitation Measures: Priority to Professional Integration
Swiss AI/IV applies the principle of "rehabilitation before pension". Before granting a pension, the AI/IV office systematically examines the possibilities for professional reintegration:
- Medical measures: treatment of congenital infirmities up to age 20
- Professional measures: career guidance, training, retraining, placement assistance, capital assistance
- Assistive devices: equipment facilitating professional activity
- Reintegration measures: preparation for professional rehabilitation (art. 14a IVG/LAI)
- Work induction allowance: salary compensation during the adaptation period
The AI/IV Application Procedure: Practical Steps
| Step | Action | Deadline / Remark |
|---|---|---|
| 1. Early notification | Notification from 30 days of work incapacity | Possible by employer, doctor or insured person |
| 2. Filing the application | AI/IV form + medical reports + professional documents | Retroactivity possible for 12 months |
| 3. Investigation | Assessment by RMS, professional investigations, assessment | Variable duration: 6 months to 3 years |
| 4. Draft decision | The insured person may take a position within 30 days | Crucial step to challenge the findings |
| 5. Formal decision | Written reasoned decision of the AI/IV office | Objection period: 30 days |
Child Pensions and Helplessness Allowances
The AI/IV pension may be supplemented by important ancillary benefits:
- Child pension: CHF 490 to CHF 980 per month per dependent child (40% of the main pension)
- Helplessness allowance (HV): paid to persons who regularly need assistance from others to perform ordinary daily activities (getting up, eating, moving, etc.). Three levels: minor, moderate, severe
- Assistance contribution: allows recipients of the helplessness allowance to finance third-party assistance and live at home
- Supplementary AI/IV benefits: if the pension does not cover the subsistence minimum, see our page on supplementary benefits
Cantonal Specificities: Geneva and Vaud
Cantonal AI/IV offices apply the federal IVG/LAI, but particularities exist. In Geneva, the Office of Disability Insurance (OCAI) handles files. The Cantonal Court of Social Insurance (ATAS) is competent for appeals. In Vaud, it is the AI/IV Office of the Canton of Vaud, with possible appeal before the Social Insurance Court of the Vaud Cantonal Court.
Our lawyers specialising in social insurance law, present in Geneva and Lausanne, are thoroughly familiar with local practices and can effectively represent you before these bodies.
From what disability rate is one entitled to an AI/IV pension?
Since the AI/IV reform of 1 January 2022, the linear system applies: from 40% disability, a proportional pension is paid. A full pension corresponds to a rate of 70% or more. Between 40% and 69%, the pension is calculated pro rata. Below 40%, no pension is granted, but rehabilitation measures may be offered.
How is the disability rate calculated by the AI/IV?
The disability rate is calculated by comparing incomes: the income the insured person could earn without a health impairment (income without disability) is compared with the income they can still earn despite their disability (income with disability). The difference, expressed as a percentage, gives the disability rate. The FSIO and regional medical services (RMS) assess the residual work capacity.
What are the procedural deadlines for AI/IV proceedings?
After the AI/IV application is filed, the AI/IV office generally has 6 months to issue a preliminary decision or request additional documents. In practice, procedures often last 1 to 3 years. The waiting period is 12 months before the first pension is paid, except in exceptional cases.
Can an AI/IV pension be combined with a salary?
Yes, under certain conditions. Since the 2022 reform, the linear system specifically encourages part-time work. If a pension recipient resumes gainful employment and their disability rate changes, the pension is adjusted accordingly rather than abruptly cancelled, in order to avoid the threshold effect.
What should one do if the AI/IV rejects my pension application?
In case of a negative decision, you have 30 days to file an objection with the cantonal AI/IV office. If the objection is rejected, you may appeal within 30 days before the cantonal insurance court. A final appeal in law to the Federal Supreme Court is possible. It is strongly recommended to consult a specialist lawyer for these procedures.