ARTICLE EQUAL TREATMENT FOR MEN AND WOMEN IN COMPLEMENTARY PENSIONS: ANSWERS OR UNRESOLVED QUESTIONS?

The European Union plays an important part in the equal treatment for men and women. Article 119 of the EC Treaty and the directives implementing the principle of equal pay for equal work reflect a rapidly changing evol-ution since the Barber judgment. Not only the pension bodies themselves but also the govern-ments and the other parties involved find it hard to recover from the shock wave the Barber judgment sent through the sector. The commotion caused by the issue of equal treat-ment has not yet completely subsided. This article focuses on six recent cases brought before the European Court of Justice: Vroege, Fisscher, Van den Akker, Smith, Beune and Coloroll. In ten topics, we will in-vestigate the extent to which the ambiguities and questions have been resolved. We will for instance examine the criteria for pension schemes to fall within the scope of Article 119 of the EC Treaty. Other topics concern retire-ment ages and their equalization, actuarial fac-tors, pension trustees, etc. Finally, we will discuss an important recent phenomenon: the possibility of positive dis-crimination or preferential treatment and the measures which are likely to qualify as such