Occupational social security schemes (Chapter 2 of Directive 2006/54)
Author | Natalie Videbaek Munkholm |
Pages | 45-46 |
45
6Occupational social security schemes (Chapter 2 of Directive 2006/54)
6.1General (legal) context
6.1.1Surveys 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.
6.1.2Other issues related to gender equality and social security
There are no other issues.
6.1.3Political and societal debate and pending legislative proposals
There are no pending debates or proposals related to occupational and or social security
issues.
6.2Direct 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 after July
1999.
6.3Personal scope
According to its Section 1(1)(1), the Act on Equal Treatment between 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. Thus, the coverage
complies with Directive 2006/54.
6.4Material scope
The Act on Equal Treatment between Men and Women regarding insurance, pensions and
similar matters covers all occupational security schemes including occupational injuries,
sickness, invalidity, unemployment and age (see Section 4). The act also covers benefits
in kind.
6.5Exclusions
There are no exclusions.
6.6Laws and case law falling under the examples of sex discrimination
mentioned in Article 9 of Directive 2006/54
There is no specific case law.
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