• Gender Considerations should not be used to set insurance premiums or benefts

    In Association Belge des Consommateurs Test-Achats ASBL and ors the European Court of Justice has decided that insurers cannot take gender into account as a risk factor when setting premiums and payouts in respect of annuities, retirement savings and accident cover. The decision is likely to affect many insured benefits provided by employers such as life assurance and private medical cover.

    Whilat this may well lead to a substantial increase in the level of pensions paid to women, and possibly a decrease in the level payable to men, the pension contributions and insurance premiums payable by both men and women may increase substantially.

    From a purest perspective this is undoudtedly the correct decision, but the implications may led to hardship for both sexes, an obviously undesirable outcome.

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