A3-0418/93

Resolution on the entitlement of divorced or separated women to share their ex-husband's pension rights in the Community Member States

The European Parliament,

-having regard to the motion for a resolution by Mrs Lulling on the splitting of pension rights for divorced or separated women (B3-1046/91),

-having regard to Petition No. 479/92 by Mrs Nicole Penninckx, of Belgian nationality, on her retirement pension,

-having regard to Rule 45 of its Rules of Procedure,

-having regard to the report of the Committee on Women's Rights (A3-0418/93),

A.whereas the divorce rate has shot up in practically all the Member States, thereby leaving many former spouses, especially women who have stopped paid work to look after the home and bring up their children, in a difficult situation, particularly where old-age and invalidity pension rights are concerned,

B.whereas the ageing of the population is causing great problems for pension schemes financed exclusively by a shrinking labour force; whereas, under the traditional systems obtaining in most Member States, the spouse at home - generally the wife - is maintained, to some extent, in a state of dependency with respect to the other spouse where social security matters are concerned,

C.whereas in its resolution of 25 January 1991 on the 1992 Single Market and its implications for women in the EC it called on the Commission inter alia to conduct a comparative study into the sharing of pension rights in the event of divorce in the various Member States with a view to drawing up procedures leading to the harmonization of these rights and having equivalent legal effects; whereas the very essence of social security should be to guarantee every individual independent rights to social protection, in particular to old-age and invalidity pensions, regardless of marital status,

D.whereas, until such time as an autonomous social security scheme is established independent of the recipient's spouse and of his or her occupational status, it is important to remedy the often serious consequences of the lack of such autonomous social security, particularly for divorced women who have devoted part of their lives to looking after the home and bringing up their children,

E.whereas some Member States in the Community have a system whereby pension rights are split in the event of divorce; whereas, in other Member States, the issue of splitting pensions in the event of divorce is under discussion,

F.whereas it would be appropriate to promote the harmonization of the national legal provisions concerning the splitting of pension rights or the splitting of pensions through a Community instrument to be adopted in the context of the policy of equal treatment and equal opportunities for women and men,

1.Considers that the Member States should take steps to introduce a system whereby pension rights would be split in the event of separation or divorce;

2.Also calls on the Member States pursuant to Council recommendation 92/441/EEC of 24 June 1992 to take the measures needed to recognize the right of each divorced or separated person to sufficient resources and social assistance to live in a manner compatible with human dignity, particularly as regards pension rights; calls on the Commission to study a system for the splitting of pension rights which would be fairer to both ex-partners than the existing legal provisions relating to divorce and would, above all, provide more social security for divorcees who stopped paid work to take on family responsibilities;

3.To this end also recommends that Member States that have not yet done so should make provision in their social security systems for:

-the splitting of pension rights under both statutory and occupational social security schemes in the event of divorce,

-the possibility of purchasing pension rights for the insurance periods covered during the marriage,

-the fact that pension rights should not be limited by reference to blame on the part of one of the spouses and should have effect from the moment the pension is paid,

-pension rights to be calculated on the basis of the duration of the marriage and to be forfeited only if the spouse already draws a pension of his/her own which provides an adequate income,

-such splitting to be obligatory, irrespective of the legal framework of the marriage, and not require the intervention of the civil courts;

-the fact that, in the event of a contract-based form of marriage, it should not be possible to opt out, in the event of divorce, of splitting rights or pensions acquired during marriage;

-access to continuous insurance to be facilitated for divorced spouses who have given up paid work to take on family responsibilities;

-all discrimination between married and divorced couples to be avoided, and for them to be treated on a strictly equal footing;

-pension rights to be shared at the time of divorce, to enable the spouse who stopped paid work during marriage to bring up a young child or to take up family responsibilities to establish or supplement his or her own pension rights; in sharing out the pension, it would be reasonable to suppose that the marriage ended not on the date on which divorce was granted by the court responsible, but when the divorce petition was filed;

4.Points out that in accordance with Council recommendation 92/443/EECof 27 July 1992 the Member States are asked to adapt their social protection systems so as

-to reduce, for purposes of calculating pension rights, the penalty for those who gave up work temporarily to bring up their children, in particular by opening up the possibility of voluntary contributions;

-to adapt pension schemes to the trend of behaviour and family structures,

-to promote, where necessary, changes to the conditions governing the acquisition of retirement, especially supplementary pension rights, with a view to eliminating obstacles to the mobility of employed workers,

-for social security purposes, to harmonize upward recognition of periods of maternity and childcare leave,

-to reduce the pensionable age for women in a state of poverty,

-to introduce measures under the social security system to guarantee an adequate income for women excluded from the labour market;

5.Calls on the Commission to organize a campaign to draw the attention of governments and all those concerned to the difficulties which separated or divorced persons, and particularly women, may encounter (especially from the point of view of social security and pensions), and to the need to set up a system for splitting pension rights or pensions in the event of divorce in all the Member States as many women's family duties mean that they are unable to hold a paid job with social security and pension contributions or are obliged to stop work, and thus pay their contributions for a short time only, or not at all;

6.Calls on the Commission to investigate how the payment of pension rights for divorced women may be affected by the free movement of workers, and to make appropriate proposals;

7.Calls on the Commission to ascertain to what extent it is possible to put forward a proposal to supplement the directives on equal treatment in matters of social security with provisions on the splitting of pension rights, in order to render the rules applicable in the different Member States comparable in the event of divorce or separation;

8.Calls on the Commission to set an example and put forward a proposal supplementing the Staff Regulations of officials of the EC along these lines and to cease making the right to a pension conditional on the right to maintenance;

9.Instructs its President to forward this resolution to the Commission, the Council, the governments of the Member States and European and national organizations campaigning for equal treatment and opportunities for women and men.