Constitutional admissibility of statutory exclusion of non-salary benefits from pension and bonus base amount for civil servants

The Austrian Constitutional Court dismissed the constitutional complaint as unfounded, thereby upholding the challenged provisions of the public service salary law and leaving the lower administrative rulings in force. The dispute concerned a civil servant’s challenge to the exclusion of certain non-salary benefits from the base amount for calculating pension entitlements and bonus payments, arguing that the statutory definitions violated the equality principle and the property guarantee. The Court held that the legislature’s classification of specific allowances and benefits as non-pensionable was constitutionally permissible and did not arbitrarily discriminate against the complainant, relying on the legislative discretion in social security and compensation structures under the Federal Constitutional Law.