Keywords
Summary

Keywords

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Social policy ° Equal treatment for men and women in matters of social security ° Directive 79/7 ° Derogation allowed in respect of the determination of statutory pensionable age ° Scope ° Inclusion of forms of discrimination linked to the existence of different pensionable ages ° Discrimination with regard to the length of contribution periods

(Council Directive 79/7, Art. 7(1)(a))

Summary

Article 7(1)(a) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as authorizing the determination of a statutory pensionable age which differs according to sex for the purposes of granting old-age and retirement pensions and also forms of discrimination which are necessarily linked to that difference.

Inequality between men and women with respect to the length of contribution periods required in order to obtain a pension of an identical amount constitutes such discrimination where, having regard to the financial equilibrium of the national pension system in the context of which it appears, it cannot be disassociated from a difference in pensionable age.

In view of the advantages allowed to women by national pension systems, in particular as regards statutory pensionable age and length of contribution periods, and the disruptions which would necessarily be caused to the financial equilibrium of those systems if the principle of equality between the sexes were to be applied from one day to the next in respect of those periods, the Community legislature intended to authorize the progressive implementation of that principle by the Member States and that progressive nature could not be ensured if the scope of the derogation authorized by Article 7(1)(a) were to be interpreted restrictively.