Statutory schemes of social security (Directive 79/7)

• Author: Nathalie Wuiame
• Pages: 46-49

46

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)

Nothing to report.

7.1.2Other relevant issues

Nothing to report.

7.1.3Overview of national acts

Act of 10 May 2007 aimed at combating discrimination between women and men, usually

known as the Gender Act.

7.1.4Political and societal debate and pending legislative proposals

Under the current legislative term (2014-2019), the pursuit of a budgetary balance and a

rise in the participation rate of older workers has led to a series of reforms in statutory

pensions.

Despite the supposed implementation of the Gender Mainstreaming Act of 10 January

2007, the Government has not acknowledged the potential negative impact of the reforms

on women. For example, the diploma-related bonus for civil servants is not free anymore

as, since 2018, a lump sum by study-year has to be paid by new civil servants - in the

majority of cases, thisconcerns women as they are overrepresented in teaching.83 For

higher positions in the public administration, a higher diploma ora secondary degree were

a condition of access. Considering that the number of years necessary to get the

appropriate degree means that a worker will never reach the full career rights by the

pension age, such study periods were assimilated in working service time before the

reform.

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

matters of social security

The principle of equality is implemented in Belgian legislation. Again, the horizontal

prohibition of discrimination is laid down in Article 19 of the Gender Act of 10 May 2007.

Article 5(14) provides the definition of ‘statutory social security schemes.’ Article 18(3)

empowers the sovereign (i.e. the federal Government) to amend any social security

statutes in order to comply with the principle of gender equality. So far, this power has

not been used for the following reason. Since Directive 79/7/EEC came into force, i.e. 23

years before the Gender Act, a number of statutes and regulations had to be amended in

order to comply with its provisions (for example, to implement the CJEU’s decision in Case

C-373/89 Integrity, quoted above); this was done simply by tabling a bill of law in

Parliament or by promulgating a royal decree to correct another one. Thus, Article 18(3)

is probably more symbolic than useful.

83 Opinion No. 152 of the Council for Equal Opportunities between men and women, 10 March 2017,

accessible in Dutch http://www.raadvandegelijkekansen.be/nl/adviezen/adviezen-van-de-

raad?p=1#a_container and French at http://www.conseildelegalite.be/fr/avis.