Non-public actors in social security administration : a comparative study /

Non-public actors in social security administration : a comparative study /

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Bibliographic Details
Imprint:Alphen aan den Rijn, The Netherlands : Kluwer Law International, [2013]
©2013
Description:xxviii, 300 pages ; 25 cm
Language:English
Series:Studies in employment and social policy ; volume 43
Studies in employment and social policy ; v. 43.
Subject:
Social security -- Law and legislation.
Associations, institutions, etc.
Associations, institutions, etc.
Social security -- Law and legislation.
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/9963589
Hidden Bibliographic Details
Other authors / contributors:Pennings, Frans (Frans), editor of compilation.
Erhag, Thomas, editor of compilation.
Stendahl, Sara, editor of compilation.
ISBN:9789041149176 (hbk.)
9041149171 (hbk.)
Notes:Includes bibliographical references (pages 285-300).
Table of Contents:
  • List of Editors and Contributors
  • Preface
  • List of Abbreviations
  • Chapter 1. Why Is the Role of Non-public Actors in the Administration of Social Security an Interesting Research Topic?
  • §1.01. The Historical Role of Social Partners in the Administration of Social Security
  • §1.02. Involvement of Social Partners as an ILO Principle of Good Governance
  • §1.03. New Forms of Participation by Non-public Actors in the Social Security Administration
  • §1.04. Why Is it Interesting to Investigate the Involvement of the Non-public Actors?
  • §1.05. The Starting Point for Undertaking the Country Studies
  • §1.06. The Comparison of the Developments
  • Chapter 2. The Role of Non-public Actors in Social Security in Germany
  • §2.01. Introduction
  • §2.02. Historical Outline
  • A. The Integration of Labour Market Organizations and Private Welfare in the German Empire
  • 1. Social Insurance
  • 2. Public and Private Welfare
  • B. Continuity and New Responsibilities for Employers in the First German Republic
  • 1. Social Insurance
  • 2. Public and Private Welfare
  • 3. The Integration of War Veterans into Workplaces
  • C. Continuity and Gradual Reforms in the Federal Republic 1949-1990
  • 1. Social Insurance
  • 2. Labour Law
  • 3. Public and Private Welfare
  • D. Continuity and Structural Reforms after German Reunification in 1990
  • 1. Social Insurance
  • 2. Long-Term Care and Health Insurance: Obligatory Insurance Including the Sector of Private Insured Persons
  • 3. Pensions: Incentives for Occupational and Private Schemes
  • 4. Unemployment: A New Mix and New Institutions of Insurance and Welfare
  • 5. Disability and Incapacity
  • 6. Public and Private Welfare
  • §2.03. Actors
  • A. Labour Market Organizations
  • 1. Self-Governance in Social Insurance
  • 2. Collective Agreements
  • B. Employers
  • 1. Welfare Organizations and Private Service Providers
  • 2. Private Insurance
  • §2.04. Fields of Social Security
  • A. Unemployment
  • B. Incapacity and Disability
  • C. Pensions
  • D. Health Care
  • §2.05. Analysis
  • A. Policies and Administration
  • B. Concepts of Solidarity
  • Chapter 3. The Role of Non-public Actors in French Social Security: The New Features of Solidarity
  • §3.01. Introduction
  • §3.02. The Role of the Social Partners: Institutional Management and Autonomous Action
  • A. The Management of Social Security Bodies and the Principle of Social Democracy
  • B. Collective Autonomy and Social Security: The Influence of Industrial Relations
  • 1. Complementary Pension Schemes for the Employees
  • 2. The Unemployment Benefits System
  • §3.03. Private Insurers and the 'Complementary Social Protection': A Welfare Market?
  • A. The Institutional Position of the Mutual Companies and Other Private Bodies
  • 1. The Mutual Insurance Companies
  • 2. The Bipartite Providence Societies
  • §3.04. The Insurance Companies
  • §3.05. The Rise of Private Complementary Plans
  • A. The Respective Parts of the Second and Third Pillars in Complementary Social Protection
  • 1. Old Age and Retirement Pensions
  • 2. Health Care and Other Social Risks (Complementary Welfare Schemes)
  • §3.06. Legal Constraints and Fiscal Incentives for Collective Occupational Plans
  • §3.07. The New Features of Solidarity in France
  • A. The Private Health Insurer as an Institutional Actor of Social Protection
  • 1. The Residual but Growing Part Played by Private Insurers in the Coverage of Health Expenditure
  • 2. The Right to Health Care and the Institutional Role of Private Insurers
  • a. The 'Basic CMU' (Universal Health Coverage)
  • b. Complementary Universal Health Coverage
  • c. Funding
  • 3. The Segmentation of the Level of Coverage
  • §3.08. Conclusion
  • Chapter 4. The Strong Position of Social Partners and the Gradual Polarization of the Finnish Social Security System
  • §4.01. Introduction
  • A. General
  • B. Outline of this Chapter
  • §4.02. Unemployment Benefits and Reintegration into Labour Market
  • A. Development of the Funds
  • B. System of the Unemployment Benefit System
  • C. The Explanation of the Two-Tier System
  • D. Activation
  • §4.03. Sickness and Disability Benefits
  • A. The Benefit System
  • B. Rehabilitation into Work
  • C. Disability Pension
  • §4.04. Old-Age Benefits
  • A. The Old-Age Benefit System
  • B. The Voluntary Pension Schemes
  • §4.05. Health Care
  • A. The Municipal Health Care System
  • B. Occupational Health Care
  • C. Private Voluntary Health Insurance
  • D. The Debate on the Health Inequalities
  • §4.06. Conclusions
  • A. The Role of the Non-public Actors
  • B. The Debate on the Democratic Legitimacy of the System
  • C. The Dichotomization of Beneficiaries: From Universalism to Selectivism
  • Chapter 5. The Role of Non-public Actors in Social Security in the Netherlands
  • §5.01. Introduction
  • §5.02. The Establishment of the Social Security System
  • A. The Debate on the Legal Basis and Its Relationship to the Organization of Social Security
  • B. The Completion of the Corporatist Model after the Second World War
  • §5.03. A New Legal Basis for Social Security
  • §5.04. The End of the Participation of Social Partners in the Administration of Statutory Benefits
  • A. The Parliamentary Investigation into the Role of the Social Partners
  • B. The Emergence of an Economic Approach to the Distribution of Responsibilities
  • §5.05. The Present Organization of Social Security
  • A. Public Administration of Public Tasks
  • B. Reintegration Is Task of Market
  • §5.06. Social Partners Administer Supplementary Social Security
  • §5.07. Privatization of Risks: The Emergence of Non-public Actors Others than Social Partners
  • A. Sick Pay
  • 1. Privatization of the Ziektewet (Sickness Benefits Act)
  • 2. Reintegration Efforts Required of the Employer and Employee
  • B. The New Disability Benefits Act of 2004
  • 1. New Private Actors; The Possibility to Opt Out for Employers
  • C. Private Insurance Companies were Given the Task to Administer the Health Care Scheme
  • D. The Proposal for Employment Insurance
  • §5.08. Return of the Social Partners in the Administration of Benefits?
  • §5.09. Analysis
  • A. Typology of the New Roles
  • B. Did the Changes Result in Differences between Beneficiaries?
  • C. Did the Measures Meet Their Aims?
  • D. Did the Changes Have Any Side Effects?
  • E. What Are the Effects on Solidarity, and Have New Forms of Solidarity Developed?
  • §5.10. Final Remarks
  • Chapter 6. Public Responsibility and Private Action in Social Security: The Case of Denmark
  • §6.01. Setting the Scene: Social Security in Denmark
  • §6.02. Private Actors in Danish Social Security: An Overview
  • §6.03. Going Private by Expanding Free Choice
  • §6.04. Private Actors in Charge of Fighting Unemployment
  • A. Compensating the Unemployed: The Role of Private Insurance Funds
  • B. Activating Private Providers
  • C. Towards Effectiveness and Equality?
  • §6.05. Mixing State Responsibility and Social Partners' Agreements: The Case of Sickness Benefits
  • A. Sickness Benefits: Who Bears the Financial Burden?
  • B. Private Actors Helping the Sick Back to Work
  • §6.06. A Public Bastion under Attack: The Case of Health Care
  • A. The Increasing Role of Private Insurance
  • B. Private Insurance and Equality: Are Some More Equal than Others?
  • C. Creating a Market for Private Hospitals
  • §6.07. Old Age Pensions
  • A. Old Age Pensions: Going Private
  • B. Private Pensions: A Growing Market
  • §6.08. Looking to the Future
  • Chapter 7. Balancing Responsibilities between Public and Non-public Actors in Swedish Social Security
  • §7.01. Introduction
  • §7.02. Sickness and Disability
  • A. History of the Administration
  • B. Overview of the Statutory Schemes
  • 1. Sick Pay by the Employer
  • a. History
  • b. The Statutory System
  • c. Conditions and Level
  • d. Experiences
  • 2. Sickness Benefit
  • 3. Disability Benefits
  • §7.03. Old Age Benefits
  • A. History
  • B. Overview
  • C. Administration and Financing of the Statutory Scheme
  • D. Experiences
  • §7.04. Unemployment
  • A. History
  • B. Overview
  • C. The Statutory Unemployment Benefits
  • D. Administration by Unemployment Insurance Funds
  • E. Experiences
  • §7.05. Activation Policies
  • A. Overview and History
  • B. Administration of the Statutory Schemes
  • C. Supervision and Access to Justice
  • §7.06. Health and Medical Care
  • A. History
  • B. Overview of the Actors Involved
  • C. The Statutory System of Health and Medical Care
  • D. Administration and Funding of Statutory Systems
  • E. Service Delivery
  • F. Supervision and Access to Justice
  • §7.07. Conclusion
  • Chapter 8. Welfare's Mixed Economy in the UK: Public Rights and Private Actors
  • §8.01. Introduction
  • §8.02. Background: An Expanding and Contracting Welfare State
  • A. The Development since the Beveridge Report
  • B. Beveridge's Promotion of the Ethic of Private Citizenship
  • C. The Welfare State under Attack by the 'New Right' Conservatives
  • D. Involvement by Employers: The Sick Pay Scheme
  • E. The Discussion on Further Contracting Out
  • §8.03. Jobseekers and People with Incapacity for Work
  • A. A Gateway, Pathways and New Deals under Labour Post 1997
  • B. Involving Private and Voluntary Sector Organizations in the Employment and Support Allowance
  • C. The Commissioning Strategy
  • D. Evaluations of the Commissioning Strategy
  • E. The Coalition Government' s Unified Work Programme
  • F. ESA Medical Assessments
  • §8.04. Support through the Social Fund
  • A. The Structure of the Social Fund
  • B. Involvement of External Providers
  • C. Current Developments
  • D. Conclusions
  • §8.05. Pensions
  • A. The Place of Private Pensions in the British System
  • B. The Promotion of Stakeholder Pensions
  • C. The Reinforcement of the State Pensions
  • D. The Obligation Put on Employers to Include Workers in the Pension Scheme
  • §8.06. Health
  • §8.07. Looking to the Future
  • §8.08. Conclusion
  • Chapter 9. Non-public Actors and their Role in the Czech Republic
  • §9.01. Introduction
  • §9.02. History of Social Security in the Czech Republic (Czechoslovakia) and the Role of Non-public Actors
  • A. Social Assistance
  • B. Social Insurance
  • C. Social Reforms after 1989
  • §9.03. Current Role of Non-public Actors in the Czech Social Security System and Their Possible Impact on the Meanings of Solidarity
  • A. Sickness Insurance and the Role of Employers
  • B. Non-state Medical Institutions and Their Role in Health Care Insurance
  • C. Private Employment Mediation as a Tool of Employment Policy Applied by Non-public Actors
  • D. Non-state Subjects Providing Social Services
  • E. Pension Funds as the Main Administrators of the Supplementary Pension Schemes
  • §9.04. Solidarity and the Role of Non-public Actors in Its Promoting
  • §9.05. Conclusion
  • Chapter 10. Non-public Actors in the Spanish Social Security System
  • §10.01. A Constitutional Explanation of the Limited Role of Non-public Partners in the Field of Social Security
  • §10.02. What Is the Role of Non-public Partners?
  • §10.03. Non-public Actors in the Administration of Social Security: Collaborating Administrations
  • §10.04. Mutual Entities of Work Related Accidents and Occupational Diseases
  • A. Legal Framework
  • B. Approach to the Concept
  • C. Background
  • 1. Origin of the Mutual Insurance Societies
  • 2. From Social Insurance to a Social Security System
  • D. Main Features
  • E. Advantages for Employers Resulting from their Membership in a Mutual Entity for Work Accidents and Occupational Diseases
  • F. Funding of Mutual Entities
  • G. Material Scope of the Mutual Entities for Work Related Accidents and Occupational Diseases
  • H. Collaboration in the Administration of Workers' Risks Resulting from Occupational Hazards
  • I. A 'Tertius Genus'
  • J. Collaboration in the Administration of Non-industrial Risks of Workers
  • K. Collaboration in the Administration of Non-industrial Risks of Self-Employed Workers
  • L. Collaboration in the Administration of Self-Employed Workers' Risks Resulting from Occupational Hazards
  • M. Collaboration in the Administration of Cash Benefits of Self-Employed Workers Resulting from Termination of Activity
  • §10.05. Collaboration of Companies in the Administration of Social Security Benefits
  • A. Voluntary Collaboration in Industrial Accidents and Occupational Diseases
  • B. Voluntary Collaboration in the Administration of Cash Benefits for Non-occupational Illnesses or Non-industrial Accidents
  • C. Compulsory Collaboration of Employers in the Administration of Social Security Benefits
  • D. Advanced Payment of Partial Unemployment and Temporary Disability Cash Benefits
  • §10.06. Other Kinds of Compulsory Collaboration
  • §10.07. Health Care Provided by Private Hospitals as a Result of Specific Agreements with the Social Security Administration
  • §10.08. The Role of Trade Unions and Social Partners in the Field of Social Security
  • §10.09. Conclusions
  • Chapter 11. Explaining the Lack of Non-public Actors in the USA Social Insurance System
  • §11.01. Introduction
  • §11.02. Old Age Pensions, Disability Insurance, and Non-public Actors
  • §11.03. Unemployment Compensation and Non-public Actors
  • A. The Minimal Use of Non-public Actors with Job Search Requirements
  • B. The Lack of Union Involvement in the US Unemployment Compensation System
  • §11.04. Government Health Insurance and Non-public Actors
  • §11.05. Conclusion
  • Chapter 12. Comparison of the Roles of Non-public Actors and Conclusions
  • §12.01. Research Questions and Terminology
  • A. The Research Questions
  • B. Types and Activities of Non-public Actors
  • C. The Pillars of a Social Security System
  • §12.02. Developments in the Roles of Non-public Actors in the Organization of Social Security
  • A. The Context of the Establishment of the Systems
  • B. Main Developments Since the 1970s
  • C. Analysis: Path Dependency and Deviations from the Path
  • 1. Historical Reasons for Involving Social Partners
  • 2. Path Dependency
  • 3. Transfers between Pillars
  • §12.03. Analysis of Arguments and Experiences: Why Non-public Actors Should Play a Role in the First Pillar
  • A. Social Partners are Involved to Guarantee the Balance of Power
  • 1. The Relationship between the Social Partners and the State
  • 2. The Relationships between the Pillars
  • 3. (Developments) in Tasks Entrusted to Social Partners
  • 4. Participation of Social Partners and Democracy
  • B. Involving the Social Partners in Order to Protect the Fund against Expenses for Other Aims
  • C. To Exert Influence on Policy Decisions and Participation of the Insured
  • D. Non-public Actors Other than Social Partners: Linking Better Decisions and Costs
  • E. The Efficiency Argument
  • F. To Make Union Membership More Attractive
  • G. Introducing Greater Choice
  • §12.04. The Relationship between the Involvement of Non-public Actors and the Insured or Covered Persons
  • §12.05. Conclusions
  • A. The Relevance of Involving the Second and Third Pillars in the Overview of the System
  • B. Increasing Obligations to Organize Second and Third Pillar Schemes
  • C. The Place of the Non-public Partners in the System
  • D. A Framework for Assessing the Distribution of Tasks over the Pillars
  • Bibliography

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