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19 DECEMBER 2012. - An Act to amend the Act of 10 May 2007 to combat discrimination between women and men, in respect of sexual belonging to goods and services and in respect of supplementary social security schemes (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act transposes Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equality between women and men in access to goods and services and the provision of goods and services, pursuant to European Union Court of Justice decision C-236/09 of 1^er March 2011.
Art. 3. Section 10 of the Act of 10 May 2007 to combat discrimination between women and men, replaced by the Act of 21 December 2007, which was itself annulled by Constitutional Court Decision No. 116/2011 of 30 June 2011, is replaced by the following:
“Art. 10. § 1^er. By derogation from section 8, a proportional direct distinction may be established on the basis of sexual affiliation for the fixing of premiums and insurance benefits in life insurance contracts as defined in section 97 of the Act of 25 June 1992 on the land insurance contract entered into by 20 December 2012, where sex is a determining factor in the assessment of risks on the basis of specific actuarial and statistical data.
The exemption under paragraph 1^er does not apply to new life insurance contracts as defined in section 97 of the above-mentioned Act of June 25, 1992 entered into as of December 21, 2012.
New contracts require the conclusion or amendment of a contract requiring the explicit consent of all parties, on the understanding that the last expression of consent of a party, required to enter into or amend that contract, shall be made from the date referred to in paragraph 2.
In particular, is considered a new contract, the extension of contracts entered into before the date referred to in paragraph 2, which would otherwise have expired.
Among other things, are not considered a new contract:
1° the automatic extension of an insurance contract in accordance with the legal provisions and the general conditions provided that none of the parties has terminated the contract;
2° the adaptation of an existing contract based on predefined parameters when the consent of the insurance taker is not required;
3° the increase in insurance coverage or the subscription of a supplementary insurance whose conditions have been pre-agreed before December 21, 2012 so that this adjustment will be effected by the unilateral will of the insurance licensee;
4° the mere transfer of an insurance portfolio from an insurer to another without the content of the insurance contracts in that portfolio being changed.
§ 2. As of December 21, 2007, costs related to pregnancy and maternity cannot in any case result in differences in premiums and insurance benefits.
§ 3. This section is not applicable to insurance contracts entered into under a supplementary social security scheme. For these contracts, only section 12 is applicable.
§ 4. The National Bank of Belgium collects actuarial and statistical data referred to in § 1^er and publishes it on its website by December 31, 2013. Every two years, the National Bank of Belgium collects the information necessary to update the aforementioned data. The updated data are published by the National Bank of Belgium on its website.
The National Bank of Belgium is empowered to request the necessary data for this purpose from the institutions, companies or persons concerned. It specifies what data should be transmitted, how and in what form.
§ 5. The compliance and analysis body referred to in section 108, i, of the Act of 21 December 1994 on social and other provisions will conduct an annual assessment of the evolution of the prices of life insurance contracts within the meaning of section 97 of the Act of 25 June 1992 on the land insurance contract. "
Art. 4. In section 12 of the Act, as amended by the Act of 8 June 2008, the following amendments are made:
1° to § 1^erthe words "without prejudice to paragraph 2" are replaced by the words "without prejudice to paragraphs 2 and 3";
2° a paragraph 3 is inserted as follows:
Ҥ3. Derogation from paragraph 1^er, a proportional direct distinction may be established on the basis of sexual affiliation for the fixing of premiums and benefits, where sex is a determining factor in the risk assessment on the basis of relevant and accurate actuarial data and statistics in the following cases, and provided that the contract or plan was concluded by 20 December 2012:
1° of individual contracts of independent workers;
2° of single member schemes of independent workers;
3° in the case of employees, insurance contracts to which the employer is not a party;
4° of the optional provisions of supplementary social security schemes which are offered individually to participants to ensure:
(a) additional benefits,
(b) the choice of the date on which the normal benefits of self-employed persons take place or the choice between several benefits;
5° of the supplementary social security schemes, to the extent that the benefits they provide are financed by voluntary contributions from workers.
By contracts or plans referred to in paragraph 1^erinclude:
1° the agreements entered into under section 33 of the Act of 28 April 2003 on supplementary pensions and the tax system of supplementary pensions and certain additional benefits in respect of social security;
2° the conventions entered into under Article 32, § 1^er2°, of the aforementioned Act of 28 April 2003;
3° reception structures as referred to in article 32, paragraph 2, of the aforementioned law of 28 April 2003;
4° pension agreements and solidarity regimes referred to in Article 42, 7° and 9°, of the Programme Law (I) of 24 December 2002;
5° pension agreements referred to in Article 54, § 1^erthe Coordinated Act of 14 July 1994 on compulsory health care insurance and compensation;
6° the individual pension commitments to independent corporate leaders referred to in section 32, paragraph 1^erthe Income Tax Code;
7° optional personal contracts related to group insurance referred to in Article 45, § 2, 6°, of the Royal Decree of November 14, 2003 on life insurance activity.
The exemption under this subsection does not apply to new contracts or plans under this subsection entered into as of December 21, 2012.
Under a new contract or regime, the conclusion or modification of a contract or regime requiring the explicit consent of all parties must be heard, on the understanding that the last expression of consent of a party, required to enter into or amend the contract or the said regime, is effective December 21, 2012.
The provisions of Article 10, § 1^erParagraphs 4 and 5 shall apply to contracts and plans governed by this paragraph. In the case of reception facilities, the derogation provided for in this subsection does not apply to individual transfers to a hospitality structure operated on or after December 21, 2012.
In the contracts or plans referred to in this paragraph, the costs related to pregnancy and maternity may in no way result in differences in premiums and benefits.
The National Bank of Belgium collects, publishes and updates actuarial and statistical data referred to in paragraph 1^er in accordance with Article 10, § 4, paragraphs 1^er and 2, excluding data relating to the bodies referred to in section 2, 1°, of the Act of 27 October 2006 on the control of professional pension institutions.
If necessary, the National Bank of Belgium shall make available to the Autorité des services et marchés financiers the actuarial and statistical data referred to in the preceding paragraph to enable it to carry out its control under section 38.
The Autorité des services et marchés financiers collects actuarial and statistical data referred to in paragraph 1^er relating to the bodies referred to in Article 2, 1°, of the Act of 27 October 2006 on the control of professional pension institutions and shall publish it on its website by 31 December 2013. Every two years, the Autorité des services et marchés financiers collects the information necessary to update the aforementioned data. The updated data are published by the Autorité des services et marchés financiers on its website.
The Financial Services and Markets Authority is empowered to request the organizations referred to in Article 2, 1°, from the Act of 27 October 2006 on the control of professional pension institutions the data necessary for this purpose. It specifies what data should be transmitted, how and in what form. "
Art. 5. This Act comes into force on December 21, 2012.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 December 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister of Economy, Consumers and the North Sea,
J. VANDE LANOTTE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) See:
Documents of the House of Representatives:
53-2511 - 2012/2013:
N° 1: Proposal by Ms. Vanheste, Mr. George, Ms. Lalieux, Mr. Schiltz and Ms. Van der Auwera and Ms. Warzée-Caverenne,
Number two: Report.
No. 3: Text corrected by the Commission.
No. 4: Text adopted in plenary and transmitted to the Senate.
Full report: 6 December 2012.
Document of the Senate:
5-1880 - 2012/2013:
Number 1: Project referred to by the Senate.
Number two: Report.
No. 3: Decision not to amend.
Annales of the Senate: December 13, 2012.