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Posted the: 2013-01-25 Numac: 2013011021 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 19 December 2012. -Act to amend the law of 10 May 2007 on combating discrimination between women and men, as regards gender terms of goods and services and of schemes of social security (1) ALBERT II, King of the Belgians, all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. this law transposes Directive 2004/113/EC of the Council of 13 December 2004 implementing the principle of equality between women and men in the access to goods and services and the supply of goods and services, following the judgment C-236/09 of the Court of Justice of the European Union by March 1, 2011.
S. 3. article 10 of the law of 10 May 2007 on combating discrimination between women and men, replaced by the Act of 21 December 2007, itself annulled by judgment No. 116/2011 to June 30, 2011, of the Constitutional Court, is replaced by the following: «art.» 10 § 1. By way of derogation from article 8, a proportional direct distinction can be established on the basis of gender for fixing premiums and insurance benefits in contracts of life insurance within the meaning of article 97 of the law of 25 June 1992 on land no later than 20 December 2012 concluded insurance contract, where sex is a determining factor in the assessment of risk on the actuarial and statistical database relevant and specific.
The derogation provided for in paragraph 1 does not apply to new contracts of life insurance within the meaning of article 97 of the law of 25 June 1992 concluded from December 21, 2012.
New contracts, there are explicit place to hear the conclusion or modification of a contract requiring the consent of all parties, on the understanding that the last expression of the consent of a party, required to enter into or amend the contract, occurs after the date referred to in paragraph 2.
Is especially regarded as a new contract, the extension of contracts concluded before the date referred to in paragraph 2, which would have otherwise expired.
Are, inter alia, not considered a new contract: 1 ° the automatic extension of a contract of insurance 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 parametric contract predefined when the consent of the policyholder is not required;
3 ° the increase in insurance coverage or additional insurance whose conditions were the subject of an MOU before December 21, 2012 so that this adjustment takes place by the unilateral of the policyholder;
4 ° the mere transfer of an insurance portfolio of one insurer to another without that the contents of this portfolio insurance contracts be amended.
§ 2. From December 21, 2007, costs related to pregnancy and maternity cannot in no case yet result in differences in premiums and insurance benefits.
§ 3. This section is not applicable to insurance contracts concluded in the context of a supplementary scheme of social security. For these contracts, only article 12 shall apply.
§ 4. The National Bank of Belgium collects actuarial and statistical data referred to the § 1 and publish it on its website for 31 December 2013 at the latest. Every two years, the National Bank of Belgium collects the information necessary to update the above-mentioned data. Updated data are published by the National Bank of Belgium on its website.
The National Bank of Belgium is empowered to require the data necessary for this purpose to institutions, companies or individuals. It specifies which data must be transmitted, how and in what form.
§ 5. The body responsible of observation and analysis referred to in article 108, i), of the Act of 21 December 1994 on social and various provisions will conduct annually an assessment with regard to the evolution of the price of the life insurance contracts within the meaning of article 97 of the law of 25 June 1992 on terrestrial insurance contract. ».
S. 4. at section 12 of the Act, as amended by the Act of June 8, 2008, the following changes are made: 1 ° in the § 1, 'without prejudice to paragraph 2"shall be replaced by the words"without prejudice to paragraphs 2 and 3 ";
2 ° there shall be inserted a new paragraph 3 as follows: "§ § 3 3» By way of derogation from paragraph 1, a proportional direct distinction can be established on the basis of gender for fixing premiums and benefits, where sex is a determining factor in the assessment of risk on the actuarial and statistical database relevant and accurate in the following cases, and provided that the contract or plan has entered into no later than December 20, 2012 : 1 ° of individual contracts for self-employed workers;
2 ° single-member self-employed schemes;
3 ° in the case of salaried workers, insurance contracts to which the employer is not a party;
4 ° of the optional provisions of supplementary social security schemes are offered individually to participants to ensure: a) either additional benefits, or b) the choice of the date on which the normal benefits for self-employed workers will start, or the choice between several benefits;
5 ° of supplementary social security schemes, insofar as the services they provide are funded by voluntary contributions of workers.
By contracts or plans referred to in paragraph 1, including means: 1 ° agreements concluded under article 33 of the law of 28 April 2003 on supplementary pensions and the tax system and to certain additional social security benefits;
2 ° agreements concluded under article 32, § 1, 2 °, of the law of 28 April 2003;
3 ° the structures of home such as referred to in article 32, § 2, paragraph 2, of the above-mentioned law of 28 April 2003;
4 ° the conventions of pension and solidarity schemes 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, of coordinated Act of 14 July 1994 on insurance compulsory health care and allowances;
6 ° the individual commitments of pension in favour of independent business leaders referred to in article 32, paragraph 1, of the income tax Code.
7 ° optional personal group insurance contracts covered by article 45, § 2, 6 °, of the royal decree of 14 November 2003 on the activity of life assurance.
The derogation provided for in this paragraph does not apply to new contracts or plans covered by this paragraph concluded from December 21, 2012.
By new contract or plan, there are explicit place to hear the conclusion or amendment of a contract or scheme requiring the consent of all parties, on the understanding that the last expression of the consent of a party, required to enter into or amend such contract or the scheme, takes place from December 21, 2012.
The provisions laid down in article 10, § 1, paragraphs 4 and 5, apply to the contracts and schemes governed by this paragraph. In the case of childcare, the derogation provided for in this paragraph does not apply to individual transfers to a structure of home operated from December 21, 2012.
In contracts or schemes referred to in this paragraph, the costs related to pregnancy and maternity cannot in no case yet result in differences in premiums and benefits.
The National Bank of Belgium collects, publishes and updates the actuarial and statistical data referred to in paragraph 1 in accordance with article 10, § 4, paragraphs 1 and 2, excluding data relating to bodies referred to in article 2, 1 °, of the law of 27 October 2006 on the monitoring of the institutions for occupational retirement provision.
If necessary, the National Bank of Belgium puts at the disposal of the authority of financial markets and services the actuarial data and statistics referred to in the preceding paragraph to enable its control under article 38.
The authority of financial markets and services collects actuarial data and statistics referred to in paragraph 1 relating to bodies referred to in article 2, 1 ° of the law of October 27, 2006 relating to the control of the institutions for occupational retirement and ensures the publication on its website for 31 December 2013 at the latest. Every two years, the authority of financial markets and services collect the information necessary to refresh the abovementioned data. Updated data are published by the authority of financial markets on its website and services.
The authority of financial markets and services is entitled to apply to the bodies referred to in article 2, 1 °, of the control of the institutions for occupational retirement provision Act of October 27, 2006 the data necessary for this purpose. It specifies what data should
be transmitted, how and in what form. ».
S. 5 this Act comes into force on December 21, 2012.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, December 19, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of the economy, consumers and the North Sea, J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) see: records of the House of representatives: 53-2511-2012/2013: No. 1: Bill Ms. Vanheste, Mr. George and Mrs. Lalieux, Mr Schiltz and Mrs Van der Auwera Ms. Wahab-Caverenne , No. 2: report.
No. 3: Text corrected by the Commission.
No. 4: Text adopted in plenary plenary and forwarded to the Senate.
Full record: 6 December 2012.
Document of the Senate: 5-1880-2012/2013: No. 1: project referred by the Senate.
No. 2: report.
No. 3: Decision not to amend.
Annals of the Senate: December 13, 2012.
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