Commentaries: Art. 8eter

The Federal Council may set a waiting period in its decision electing members of commissions entrusted with supervisory and regulatory tasks if it is to be expected that the immediate appointment of a member after leaving the commission to a position with employers or clients in the area supervised or regulated will lead to a conflict of interest.
A conflict of interest exists in particular if:
1. the credibility and reputation of the commission or the Confederation may be adversely affected by the appointment;
2. a commission member has influence over individual decisions or access to information in such a way that he or she would no longer appear to be impartial if he or she worked for an employer or client in the regulated or supervised sector.
The duration of the waiting period shall be a minimum of six and a maximum of twelve months.
Compensation may be stipulated for the waiting period. It shall correspond to in the financial loss to be expected in the individual case but shall not exceed the remuneration previously received, whereby all income, expenses and pension benefits received in this period shall be taken into account.
Any person who receives compensation during a waiting period allowance is obliged to report the income, expenses and pension benefits received during the waiting period to the competent department.
Any waiting period compensation received without justification must be refunded.