Occupational social security schemes (Chapter 2 of Directive 2006/54)

• Author: Nicole Kerschen
• Pages: 40-42

40

6 Occupational social security schemes (Chapter 2 of Directiv e 2006/54)

6.1 General (legal) context

6.1.1 Surveys and reports on the practical difficulties linked to occupational and/or

statutory social security issues

There are no surveys or reports on the practical difficulties linked to occupational and/or

statutory social security issues.

The General Inspection of Social Security (IGSS) has a special service dedicated to

supplementary pensions. 80 Each year, a chapter of the annual report published by IGSS

relates to information about its activities. One of the missions of this service is to register

the supplementary pension schemes and t o verify full compliance with the law. The IGSS

report of 2018 did not address gender equality issues.81

6.1.2 Other issues related to gender equality and social security

There are no other issues related to gender equality and social security.

6.1.3 Political and societal debate and pending legislative proposals

When Luxembourg transposed t he Directive 2014/50/EC by Law of 1 August 2018, there

was no debate on gender equality issues.

6.2 Direct and indirect discrimination

In Luxembourg, there are only occupational pension s chemes, which provide protection

against old age, death, invalidity or widowhood. There are no occupational social security

schemes providing protection against oth er risks, like sickness and maternity, industrial

accidents and occupational diseases or unemployment.

The Law of 8 June 1999 on supplementary pension regimes82 int roduced the princip le of

equal treatment between men and women into the regulation on supplementary pensions.

Article 16 stated that:

‘according to the Council Directive 96/97/EC of 20 December 1986 amending

Directive 86/358/E EC, a provision of a supple mentary pension regulation violating

the principle of equal treatment between men and women, which means resulting in

direct or indirect discrimination on the grounds of sex, by reference in particular to

marital or family status, is null’.

The Law of 1 August 2018 transposing the Directive 2014/50/EU of 16 April 2014 on

minimum requirements for enhancing worker mobility between Member States by

improving the acquisition and preservation of supplementary pension rights 83 amended

the Law of 8 Jun e 1999 and replaced in Article 16 the reference to the Council Directive

96/97/EC with the reference to Directive 2006/54/EC.

80 Website: https://igss.gouvernement.lu/fr/service/service-pencom.html.

81 Website: https://igss.gouvernement.lu/fr/publications/CSS/2018.html.

82 Memorial A No. 74 of 17 June 1999. Website: http://data.legilux.public.lu/file/eli-etat-leg-memorial-1999-

74-fr-pdf.pdf.

83 Memorial A No. 708 of 21 August 2018. Website:

http://legilux.public.lu/eli/etat/leg/loi/2018/08/01/a708/jo.