Constitutional validity of pension calculation methods for civil servants: discretion in defining average service pay components

The Austrian Constitutional Court dismissed the constitutional complaint, upholding the challenged provision of the Federal Pension Law. The dispute concerned the calculation of retirement pension entitlements for a civil servant, where the complainant argued that the statutory method for averaging service pay violated the principle of equality and property rights under the Federal Constitution. The Court held that the legislature’s discretion in defining the basis for pension calculation, specifically the inclusion of certain periodic allowances in the average pay calculation, did not infringe upon constitutional protections, as the distinction between regular and non-regular salary components was a permissible legislative choice falling within the state's freedom to determine pension conditions.