Statutory schemes of social security (Directive 79/7)

AuthorDavulis, Tomas
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.

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