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

• Author: Thomasberger, Martina
• Pages: 38-40

38

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,

https://www.ris.bka.gv.at/Dokumente/Justiz/JJR_19890111_OGH0002_009OBA00513_8800000_011/JJR_

19890111_OGH0002_009OBA00513_8800000_011.pdf.

104

https://www.ris.bka.gv.at/Dokumente/Justiz/JJR_20060921_OGH0002_008OBA00050_06W0000_003/JJR_

20060921_OGH0002_008OBA00050_06W0000_003.pdf.

105 RIS-Justiz, RS0117672,

https://www.ris.bka.gv.at/Dokumente/Justiz/JJR_20030423_OGH0002_009OBA00256_02S0000_002/JJR_

20030423_OGH0002_009OBA00256_02S0000_002.pdf.

106

https://www.ris.bka.gv.at/Dokumente/Justiz/JJR_20060921_OGH0002_008OBA00050_06W0000_003/JJR_

20060921_OGH0002_008OBA00050_06W0000_003.pdf.