A survey examining survivors' pension benefits in workers' compensation insurance systems in the United States, Germany, France, and United Kingdom, with a focus on comparison with Japan's system.
Key Points
1. Research Background and Purpose
- In Japan's workers' compensation insurance, husbands as survivors must be 55 years or older or have disabilities, while wives have no special requirements
- This system design is based on the assumption that men are primary breadwinners, creating alleged unfair gender disparities
- Information collected on survivors' pension equivalent systems in four major countries' workers' compensation insurance
- Literature review conducted on system overview and benefit status in each country
2. Characteristics of Workers' Compensation Insurance Systems by Country
- United States: Different systems by state, employers required to have insurance, employers pay premiums exclusively (except some states)
- Germany: Operated by industry-specific trade associations, public benefits based on no-fault liability, sole employer funding
- France: Integrated into social security system, developed from employers' no-fault workers' compensation liability
- United Kingdom: Abolished workers' compensation system in the 1980s and integrated into general social security benefits
3. Elimination of Gender Disparities in Benefit Conditions
- United States: 1980 Federal Supreme Court ruled gender differences unconstitutional, state laws amended for violating 14th Amendment Equal Protection Clause
- Germany: Legal amendments following 1985 Constitutional Court decision, citing increased female employment rates and unequal insurance premium contributions
- France: Eliminated gender-based benefit requirements in 2003, driven by women's advancement in society
- United Kingdom: 1999 legal amendment eliminated gender disparities in benefit conditions, system now requires employment after certain period for women
4. International Comparison of Benefits
- Eligible Recipients: All countries cover spouses and children, dependency requirements vary by country
- Benefit Levels: Generally 30-66% of pre-death wages, varies by country
- Benefit Period: Varies for spouses - until remarriage/lifetime/maximum 2 years; for children 18-27 years old
- Maximum Limits: Most countries set 80-85% of pre-death wages as upper limit for multiple beneficiaries
The article concludes that all four surveyed countries have no gender-based benefit differences, serving as reference material for future discussions on Japan's survivors' compensation pension system.