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

AuthorNatalie Videbaek Munkholm
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 specific reports addressing difficulties linked to occupational and or statutory
social security issues.
6.1.2 Other issues related to gender equality and social security
There are no other issues.
6.1.3 Political and societal debate and pending legislative proposals
There are no pending debates or proposals related to occupational and or so cial security
6.2 Direct and indirect discrimination
The principle of equal treatment of men and women covers occupational pension schemes
according to Consolidation Act No. 950/2015 on Equal Treatment between Men and
Women regarding insurance, pensions and similar matters. According to Section 3a of the
act, direct as well as indirect discrimination is prohibited. In respect of occupational
pensions, the act prohibits both the payment of different contributions as well as different
benefits even in situations where the reason for different treatment is due to actuarial
factors. However, this provision applies only to workers who joined the scheme afte r July
6.3 Personal scope
According to its Section 1(1)(1), the Act on Equal Treatment b etween Men and Women
regarding insurance, pensions and similar matters, covers workers, including self-
employed persons, workers who are temporarily out of work due to illness, pregnancy and
maternity, accident or involuntary unemployment, and persons seeking work, as well as
retired and disabled workers and the beneficiaries of those workers. Thu s, the coverage
complies with Directive 2006/54.
6.4 Material scope
The Act on Equal Treatment between Men and Women regarding insurance, pension s and
similar matters covers all occupational security sch emes including occupational injuries,
sickness, invalidity, unemployment and age (see S ection 4). The act also covers benefits
in kind.
6.5 Exclusions
There are no exclusions.
6.6 Laws and case law falling under the examples of sex discrimination
mentioned in Article 9 of Directive 2006/54
There is no specific case law.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT