No C 95/4 Official Journal of the European Communities 11. 4. 88 
Opinion on the proposal for a Council Directive completing the implementation of the 
principle of equal treatment for men and women in statutory and occupational social security 
schemes (*) 
(88/C 95/02) 
On 6 November 1987 the Council decided to consult the Economic and Social Committee, 
under Article 100 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Social, Family, Educational and Cultural Affairs, which was responsible for 
preparing the Committee's work on the subject, adopted its opinion on 11 February 1988, 
in the light of the report by Mr Pearson. 
At its 253rd plenary session (meeting of 24 february 1988), the Economic and Social Committee 
adopted the following Opinion by a majority with two abstentions. 
1. Introduction 2. General comments 
1.1. The Committee recognizes that this proposal is 
the third step toward equal treatment for men and 
women in social security schemes and points out that 
the first step concerned 'the principle of equal treatment 
for men and women in matters of social security (Direc­
tive 79/7/EEC); the second step concerned 'the principle 
of equal treatment for men and women in occupational 
social security schemes (Directive 86/378/EEC): this 
third Directive concerns 'the principle of equal treat­
ment for men and women in statutory and occupational 
social security schemes'. 
1.2. The current Directive attempts to deal with the 
exemptions and deferrals of the two earlier Directives 
and contains a number of elements to cover members 
of the family, survivors and other dependents. This 
third step is deemed necessary to eliminate remaining 
instances of discrimination. These three Directives form 
part of the broader field of social legislation. 
1.3. The Committee notes that this Directive does 
not attempt to impose change in any Member States' 
internal statutory occupation social security schemes 
but aims to move toward the principle of parity and 
equal treatment between men and women. 
1.4. The Committee welcomes the Commission pro­
posals and is pleased to acknowledge that they now 
include the self-employed amongst the working popu­
lation and attempt to deal with the exemptions and 
deferrals of the previous Directives. The Committee 
recognizes that the Directive, with its cost implications, 
comes at a time of economic stringency within the 
Community. 
The Committee considers that the following points 
need to be made: 
(!) OJ No C 39, 19. 11. 1987, p. 10, and No C 52, 24. 2. 1988, 
p. 5. 2.1. At a time when social security systems are under 
review and discussion in a number of Member States, 
the Committee refers to, and again endorses, the 
concern expressed in points 1,8 and 1.9 of its opinion 
of 14 December 1983 (rapporteur B. Roycroft) (2). It 
considers that the current proposals still fail to take 
account of the position of group insurance schemes and 
of cash options relative to pension schemes. Where such 
schemes or options exist then the principle of equal 
treatment must be adhered to. 
2.2. The Committee recalls that in the basic Directive 
79/7/EEC Article 4 therein states that there be 'no 
discrimination whatsoever on grounds of sex, either 
directly or indirectly by reference in particular to mari­
tal or family status ...'. This is a good practical guideline 
for most cases but avoids ruling on the position in the 
case of marital breakdown, especially when the female 
spouse (maybe with dependent children) does not 
remarry. There needs to be consideration of this 
problem. 
2.3. In its earlier Opinions the Committee has drawn 
attention to the actuarial aspect of these proposals. The 
cost aspect of implementing this proposal will be greater 
than its predecessors: it would be desirable however 
that the financial impact should be as neutral as poss­
ible. 
In most public service areas, where old age pensions 
are paid out of current national revenue, equal pay­
ments for men and women can be more easily accom­
modated regardless of life expectancy. Funded pension 
schemes are often based on actuarial tables. In order 
both to meet these actuarial requirements and to enable 
the principle of equal treatment to become implemented 
in each Member State on the basis of equal periodic 
(2) OJ No C 35, 9. 2. 1984, p. 7. 
11.4.88 Official Journal of the European Communities No C 95/5 
contributions and benefits, a slightly increased com­
pensatory percentage contribution might be considered 
by some Member States. 
2.4. It is clear that parity between men and women, 
within the terms of the proposed Directives, will enable 
widower's pensions to be paid in line with widow's 
pensions. 
2.5. It is important to recognize the three underlying 
aims of the Directive: 
(a) that each Member States has the right, in accord­
ance with the general principle of equal treatment, 
to choose its own solutions to these problems; 
(b) to guarantee that no harm accrues to the 
entitlement of persons concerned either directly or 
indirectly; 
(c) the promotion of personal entitlement as a possible 
alternative to the extension of derived rights from 
a spouse. 
2.5.1. In (b) above it is clear that this would involve 
the rights of some divorced persons and some 'persons 
rearing children'. The Directive leaves these cases 
unprotected. Future society will involve increased num­
bers of elderly persons including many divorced women, 
unmarried parents and widowers for whom proper 
provision is not made. 
2.5.2. In (c) above, the advantage of flexible pensions 
is not adequately recognized by the Commission. The 
Committee urges further thought to this method, 
pointing out that pension age and cessation of work 
(retirement) need not necessarily be the same age. 
2.6. While the Committee sees considerable merit in 
portable pensions and flexible retirement age, care must 
be taken that the principle of equal treatment prevails 
throughout. 
2.7. Special consideration should be given to women 
(spouse) working in the home in order to care for the 
family. 
2.8. The Committee is very concerned by the unclear 
drafting of part of the Directive and considers that 
much greater precision is required. Article 10 is an 
example where it will be necessary to redraft the entire 
article in clear and unambiguous language. 
3. Specific comments 
3.1. Article 1.2 
This Article needs to provide for pregnancy as well as maternity—it should be altered to read '... women by 
reason of pregnancy and of maternity'. 
3.2. Article 2 (a) 
This Article should be altered to read: '... involuntary 
unemployment, and persons with previous insurance 
record seeking employment'. 
3.3. Article 3 
The Committee draws attention to the fact that implicit 
in this Article is the payment of family benefit in all, 
and between all, the Member States and which to date 
is not the case. 
3.4. Article 4 
The Committee fully endorses the use of the term 
'surviving spouse's benefits'; this means that there will 
be no discrimination on grounds of sex for widow or 
widower, both of whom must be treated equally. 
3.5. Article 7.2 
This clause should end at '... persons responsible for 
a child'. The rest of the sentence is irrelevant and 
confusing. 
3.6. Article 7.3 
It should be noted that the Explanatory Memorandum 
adds the wording 'unless this is opposed by the other 
parent'. The Article as worded should remain as there 
is always recourse to the law. The section of the 
Explanatory Memorandum should be removed. 
3.7. Article 8 (a) 
In order to cover the variations of the definition of 
'dependent adult' the Committee suggests that the 
Article 8 (a) should read 'a dependent adult, male or 
female, with a right to benefit'. 
3.8. Article 8(b) 
This Article, the Committee suggests, should be 
rephrased as '(b) the person caring for an incapacitated 
dependent adult'. 
3.9. Article 9.2 
Reword as follows: 
'If fixing an identical pension age or the length of 
working life leads to a reduction or increase in that 
age for workers of a given sex, provision shall be 
made for gradual implementation and for tempor-
No C 95/6 Official Journal of the 
ary safeguards for workers having reached the speci­
fied age, and for those approaching an original 
lower retirement age enabling them ...' 
3.10. Article 93 
The Committee is pleased that this clause makes poss­
ible the provision of flexible retirement and portable 
occupational pensions. This is a very pertinent point in 
current changing times when new technologies often 
mean a number of changes in a career. It is also import­
ant, owing to the increased interlinking and dependency 
between private occupational pension schemes and 
statutory social security schemes. 
3.11. Article 10 
This Article needs redrafting to give greater clarity of 
intention. For instance, in Article 10(1), 'advantages in 
respect of should be changed to 'title to', and a period 
of interruption of employment due to the bringing up 
of children needs to be defined (as presently drafted 
it could mean weeks, months or years, being totally 
unclear). In Article 10(2), the current wording may 
Done at Brussels, 24 February 1988. European Communities 11. 4. 88 
result in indirect discrimination against working 
women. Further clarification of intention is required. 
3.12. Article 11 
The Committee notes and approves that this Article is 
optional. It nevertheless requires redrafting and the 
Committee proposes the following: 
'(a) in the case of medical needs, to health service 
care; 
(b) in old age, to entitlement to an appropriate 
pension; 
(c) in the event of a death of a spouse, to survivors 
entitlement to financial assistance for reasons 
of health ...'. 
3.13. Article 14 
The Committee wonders whether three years is suf­
ficient time for Member States to draw up the necessary 
legislation to comply with this Directive, bearing in 
mind that Directive 79/7/EEC envisaged six years as 
necessary. The Committee also points out that individ­
ual Member States will need differing additional periods 
for the transitional implementation of the legislation. 
The Chairman 
of the Economic and Social Committee 
Alfons MARGOT