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.