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

AuthorThomasberger, Martina
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
Not available.
6.1.2 Other issues related to gender equality and social security
Apart from minor issues (e.g. concerning an indemnity clause in stat utory occupat ional
accident insurance),102 there are no actuarial difference s between men and women in the
statutory social insurance systems.
As mentioned below, the existing gender pay g ap contributes to a persistent gender
pension gap.
6.1.3 Political and societal debate and pending legislative proposals
Austria has implemented a long transition period for raising the retirement age of women
in the private sector. Wh ile this is broadly deba ted politically, n o earlier policy change i s
currently considered.
6.2 Direct and indirect discrimination
Employers’ contributions to occupational social security schemes are considered to be part
of pay. Where occupational pension schemes have been established, they are co-financed
by contributions from employers. Both thes e co-cont ributions and resulting benefits are
consequently regarded as part of pay.103 Case law of the Supreme Court stresses the
importance of the general equality principle that forbids arbitrary diffe rentiation between
groups of employees.104 Even if there are different pensionable ages in the statutory
pension systems, different ages for benefits eligibility or contribution ceases earlier for
women because of their earlier retirement age are in breach of the equal treatment
principle.105 Established case law by the Supreme Court has clarified that pension scheme
contributions by the employer and occupational pension benefits are part of pay and
therefore have to comply with rules on equal pay.106
6.3 Personal scope
Occupational pension scheme s have to be based on an agreement b etween an employer
and the works council or in some cases on a collective agreement with a trade union. Only
if and when such an agreement is in place do the legal rules constitute requirements for
102 Paragraph 184 of the General Social Security Act,
https://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR12093674/NOR12093674.pdf. This clause
transfers the right to claim indemnity payments for disability pensions through occupational accident
insurance. According to the umbrella association of social security bodies (Hauptverband der
österreichischen Sozialversicherungträger), this clause is currently not administered.
103 RIS-Justiz RS0021639,
105 RIS-Justiz, RS0117672,

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