I.-Any direct or indirect discrimination based on gender as a factor in the calculation of premiums and benefits resulting in differences in premiums and benefits is prohibited.
Expenses related to pregnancy and maternity shall not result in less favourable treatment of women in terms of premiums and benefits.
By way of derogation from the first paragraph, the Minister responsible for the economy may authorise by decree differences in premiums and benefits based on gender and proportionate to the risks when relevant and precise actuarial and statistical data establish that gender is a determining factor in the assessment of insurance risk. These decrees are issued jointly with the Minister responsible for social security when they relate to operations mentioned in 1° and 2° of article L. 310-1.
II – An order of the Minister for the Economy and the Minister for Social Security sets the conditions under which the data mentioned in the third paragraph of I are collected or listed by the professional bodies mentioned in article L. 132-9-2 and the conditions under which they are transmitted to them. This regularly updated data is published in accordance with the conditions laid down by this decree and no later than the date of entry into force of the decree mentioned in the third paragraph of I.
By way of derogation from the first paragraph of this II, the data mentioned in the last paragraph of I may, in the case of risks relating to the length of human life, take the form of tables approved and regularly updated by order of the Minister for the Economy.
IIa – The derogation provided for in the last paragraph of I applies to group insurance contracts and subscriptions concluded or made no later than 20 December 2012 and to these contracts and subscriptions tacitly renewed after this date.
The derogation does not apply to the contracts and memberships referred to in the first paragraph of this IIa that have been substantially modified after 20 December 2012, requiring the agreement of the parties, other than a modification that at least one of the parties cannot refuse.
III – This article applies to insurance contracts other than those concluded under the conditions provided for in Article L. 911-1 of the Social Security Code, as well as to the operations referred to in Article L. 322-2-2 of this Code which derive directly from them.