Statutory schemes of social security (Directive 79/7)

• Author: Nicole Kerschen
• Pages: 43-45

43

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

7.1General (legal) context

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

security (Directive 79/7)

There are no surveys or reportson the practical difficulties regarding gender equality

linked to statutory schemes of social security.

7.1.2Other relevant issues

There are no other relevant issues.

7.1.3Overview of national acts

Luxembourg's social security system has Bismarckian origins. It is compulsory and covers

all workers who are employed or self-employed in Luxembourg and their family members

against the following risks: sickness and maternity, accidents at work and occupational

disease, old age, invalidity and long-term care needs. Family benefits and social assistance

are also granted.

Regulation is available in the Social Security Code:84

-Sickness and maternity – Book I, Articles 1 to 84;

-Accidents at work and occupational disease – Book II, Articles 85 to 165;

-Old age and invalidity pensions – Book III, Articles 170 to 268;

-Family benefits and parental leave allowance – Book IV, Articles 268 to 346;

-Long-term care insurance – Book V, Articles 347 to 395a.

Social assistance is regulated under the Law of 28 July 2018 regarding social inclusion

income (REVIS).85

Unemployment benefits are part of the Labour Code, Book V ‘Employment and

Unemployment’, Title II ‘Jobseeker’s allowance’, under Articles L. 521-1 to 521-18 LC.86

7.1.4Political and societal debate and pending legislative proposals

There is no political and societal debate on gender neutrality regarding social security

schemes.

20 years ago, there was a discussion about the need to modify derived rights granted to

family members (Bismarckian approach). Proposals regarding individualisation of social

rights and the creation of universal social rights were on the table. They took place in the

framework of the Communication of the European Commission on the Modernisation of

Social Security Schemes (1997).

In the last years, family benefits were turned into individual rights of the children.

However, derived rights for family members regarding sickness insurance and pensions

were not replaced by universal rights.

84 Website: http://legilux.public.lu/eli/etat/leg/code/securite_sociale/20190101.

85 Website: http://legilux.public.lu/eli/etat/leg/loi/2018/07/28/a630/jo.

86 Website: http://data.legilux.public.lu/file/eli-etat-leg-code-travail-20190201-fr-pdf.pdf.