Statutory schemes of social security (Directive 79/7)

• Author: Davulis, Tomas
• Pages: 37-39

37

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)

No surveys on such practical difficulties have been carried out in Lithuania.

7.1.2 Other relevant issues

No additi onal informati on can yet be provided in relation to issues relating to statutory

social security schemes.

7.1.3 Overview of national acts

The state social security legislation does not specifically address th e principle of equality.

The broadl y formu lated general norms on non-discrimination can be found only in EOA

and EOAWM.

7.1.4 Political and societal debate and pending legislative proposal s

There is no political debate on the issue so far.

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

matters of social security

The principle of equal treatment is consolidated in Articles 9 and 15 of the EOAWM and is

applied equally to occupational and statutory social security schemes. All categories of

employees, including public servants and higher officials, are covered by all types of state

social security schemes, whilst the majority of self-employed persons are covered by fewer

statutory pension schemes.

The EOAWM amendments of 2008 significantly broad ened the scope of applicati on of the

equal treatment principle, which now applies to the state social security schemes in the

same way and to the sam e extent as occupational pension schemes, the only exception

being the difference in pensionable ages (see below).

7.3 Personal scope

The EOAWM simply est ablishes the principle of non-discrimination in st ate social security

schemes – Article 9(3) of the EOAWM declares that the prohibition of discrimination on

grounds of sex shall apply to employed persons, including self-employed persons, persons

who have terminated their employment due to sickness, maternity, accident or forced

unemployment, as well as jobseekers, pensioners, disabled employees and persons who

are entitled to apply for benefits on their behalf. The scope of the national provision is the

same as that of Article 2 of Directive 79/7.

7.4 Material scope

The principle of non-discrimination is appli ed to all statutory social sec urity schemes, as

Article 9(2) provides that discrimination shall be prohibited when establishing and applying

social security provisions in regard to sickness, disability, old age, early retirement,

accidents at work and occupational diseases , or unemployment and social security

provisions that provide for any type of s ocial benefits, including survivor’s an d orphan ’s

pensions, benefits and material allowances.