Statutory schemes of social security (Directive 79/7)

• Author: Nicole Mathé
• Pages: 27-28

27

7 Statutory schemes of social security (Directive 79/7)

7.1 General (legal) context

7.1.1 Surveys and reports on the practical difficulties linked to statutory schemes of social

security (Directive 79/7)

In Liechtenstein no reports have been published that provide insights into difficulties that

workers face in practice in relation to statutory social security schem es.

7.1.2 Other relevant issues

There are no other relevant issues in relation to statutory social secu rity schemes.

7.1.3 Overview of national acts

The main relevant act is the Old-Age Insurance Act (AHVG) that provides for legislation

on statutory schemes of social security.

7.1.4 Political and societal debate and pending legislative proposal s

There are very few societal debates and no legislative proposals pending on this topic.

7.2 Implementation of the principle of equal treatment for men and women in

matters of social security

Article 3(1) and (2)(e) and (f) GLG have implemented the principle of equal treatment for

men and women in matters of social security. Direct and indirect discrimination on grounds

of sex in statutory social security schemes is therefore prohibited, as regards the scope of

such schemes and the conditions of access to them. Moreover, the obligation to contribute

and the calculation of contributions shall occur without sex discrimin ation. Furthermore,

the law provides for non-discrimination of the calculation of benefits, including

supplementary benefits due in respect of a spouse or dependants, and the conditions

governing the duration and retention of entitlement to benefits.

7.3 Personal scope

The personal scope of national law relating to statutory social security systems

corresponds to that specified in Article 2 of Directive 79/7. According to Article 2 G LG, all

private and public employment contracts, as well as self-employed persons, are inclu ded.

Article 1(a)(f) GLG provides for application to persons whose activity is interrupted by

illness, ma ternity, inv alidity, old age, occupational and non-occupational accident,

occupational disease and unemployment. There is no case law on this topic.

7.4 Material scope

The material scope of national law relating to statutory social security systems is broader

than specified in Article 3 Paragraphs 1 and 2 of Directive 79/7. Article 2 GLG applies to

all private and public employment con tracts including public servants. Article 1(a) (f) GLG

provides for application to persons whose acti vity is interrupted by illness, maternity,

invalidity, old age, occupational and non-occupational accident, occupational disease and

unemployment. Article 3(2)(f) GLG also prohibits discrimination in social security systems

which provide other social benefits, in particular survivors’ benefits and family allowances.

There is no case law on this topic.