Equality Between Men and Women 3
Equality Between Men and Women 3 : Occupational social security schemes: EU Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes, amended by Council Directive 96/97/EC of 20 December 1996, aims to define the meaning of Article 119 of the EC Treaty (new Article 141), and the scope and ways of applying the principle of equal treatment for men and women in occupational social security schemes. Directive 86/378 EEC applies to the working population, including self-employed workers, workers whose activity is interrupted (by illness, maternity, accident or involuntary unemployment), persons seeking employment, and retired and disabled workers and those claiming under them. The Directive applies to occupational schemes providing protection against the risks of sickness, invalidity, old age, industrial accidents, occupational diseases and unemployment, including occupational schemes that provide for other social benefits, such as survivors' benefit and family allowances if intended for employed persons. The principle of equal treatment implies that there shall be no discrimination based on sex, in particular in respect of: (1) the scope of the schemes and the conditions of access to them; (2) the obligation to pay contributions and the calculation of the contributions; (3) the calculation of benefits and the conditions governing the duration and retention of entitlement to benefits. The principle of equal treatment does not prejudice the provisions for the protection of women in respect of maternity. As a guide, Directive 86/378/EEC lists ten provisions based on sex (e.g. definitions of persons who may participate in an occupational scheme, different retirement ages, or different contributions for workers) regarded as contrary to the principle of equal treatment. Provisions contrary to this principle that figure in legally compulsory collective agreements, staff rules of undertakings or any other arrangements must be declared null and void or amended. Any provisions of occupational schemes for employed workers contrary to the principle of equal treatment were to be revised with retroactive effect from 17 May 1990, except in the case of workers or those claiming under them who had, before that date, initiated legal proceedings or raised an equivalent claim under national law in order to benefit from equal treatment for men and women in accordance with Article 119 of the EC Treaty (new Article 141), as interpreted by the Court of Justice in the Barber judgement and subsequent related judgements. Any provisions of occupational schemes for self-employed workers contrary to the principle of equal treatment were to be revised by 1 January 1993 at the latest. With regard to schemes for self-employed workers, the EU Member States may defer compulsory application of the principle with regard to determining pensionable age for old-age and retirement pensions, to survivor's pensions or to the setting of different levels of worker contribution, until the date provided for in the Directive at the latest. A provision enabling men and women to benefit from a flexible retirement age system is not incompatible with the Directive. Any person who is injured by failure to apply the principle must be able to pursue his/her claim before the courts. Workers are protected against dismissal constituting a response on the part of the employer to a complaint lodged or a legal action brought to enforce compliance within the principle of equal treatment. See: Equality for men and women: Social Security; Equality of treatment (social security); Social security (minimum standards)
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