Whilst Federal Financial Institutions Act (FINIG) and the Federal Financial Services Act (FIDLEG) specifically exclude the Occupational Pension Schemes from their statutory scope, they are subject to certain requirements under the Federal Financial Market Infrastructure Act (FinfraG).

FinfraG classifies Occupation Pension Schemes as Financial Counterparties in Article 93 paragraph 2(g) and imposes certain regulatory obligations in respect of their derivatives business operations.

Occupational Pension Schemes will be subject to certain clearing obligations for their OTC-derivatives trading and be subject to transaction reporting requirements.

To meet these requirements, Occupational Pension Schemes will face significant and expensive internal hurdles. They will need to make sure that they have in place appropriate processes for portfolio reconciliation, risk management, identification and resolution of disputes, daily valuations of transactions and the exchange of collateral for uncleared derivatives are in place.