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

• Author: Genoveva Tisheva
• Pages: 53-54

53

6 Occupational social security schemes (Chapter 2 of Directive 20 06/54)

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 and reports on this issue.

6.1.2 Other issues related to gender equality and social security

Since the year 2000, the pension system in Bulgaria has consisted of three p illars. The

model was based on the World Bank’s advice and influence and is different from the pillars

in the EU countries. The first pillar is the universal social security fun dз a ‘pay-as-you-go ’

type, which is obligatory for persons in an employment relationshi p or self-employed

persons. The second pillar is a mandatory and fully-funded pension fund with defined

contributions which are allotted to individual accounts run by licensed pension insuran ce

companies or, based on the choice of t he i nsured person, it is contributed to the state

Pension fund. The third pillar includes supplementary voluntary pension sch emes.

In Bulgaria there are no second pillar pension schemes comparable to the type of

occupational pension schemes recognised in EU law. Provisions for the establishm ent of

occupational pension schemes are c ontained in the Code for Social Insu rance within the

third pillar as part of Additional Voluntary Soci al Insurance (Part III of the COSI). These

schemes are not yet well developed in Bulgaria.

6.1.3 Political and societal debate and pending legislati ve proposals

There are no pending proposals for legislation or societal debate on the specific issue .

6.2 Direct and indirect discrimination

Direct and indirect discrimination based on sex is forbidden, first in acceptance of persons

into the schemes an d also in the process of in surance under such schemes. Namely, no

discrimination based on sex, including discrimination based on marital and family status,

is allowed within the scope of application of t he schemes and the conditions for accessing

them; the obligation to pay contributions and the calculation thereof; the calculation of

retirement payments and other terms of the related rights.

6.3 Personal scope

Since the new schemes are part of the third pillar in Bulgaria the occupational social

security di rective is not applicable t o th em. Nevertheless, it can be said that additional

voluntary pension insurance is open to all physical persons aged 16 and over (Article 210

COSI). In Bulgarian legislation, th ere are no occupational social security schemes whi ch

form part of a second pillar of social security, as in other EU Member States. The situation

in Bulgaria and other new Member States has been explained in reports within the

framework of the Network.65

6.4 Material scope

Despite the fact that compliance cannot be sought, it is worth mentionin g that voluntary

insurance under the professional schemes of enterprises which are the insurers gives the

right to a fixed-term pension, an ad hoc or postponed payment of the accumulated

65 Renga, S., Molnar-Hidassy, D., Tisheva, G. (2010), Direct and Indirect Gender Discrimination in Old-Age

Pensions in 33 European Countries, The European Network of Legal Experts in the field of Gender Equality,

http://www.equalitylaw.eu/downloads/2810-discrimination-old-age-pensions.