Constitutional challenge to statutory pension calculation formula for alleged violation of property rights and legal equality

1. The Constitutional Court upheld the constitutional complaint, finding the challenged provision of the Social Insurance Act (Sozialversicherungsgesetz) incompatible with the Federal Constitution; the specific administrative determination based on this provision is void. 2. The dispute concerned a challenge to a legislative norm governing the calculation of pension rights and social insurance contributions, where the complainant argued that the statutory formula violated principles of equality and property rights by creating an arbitrary distinction in the determination of entitlements. 3. The decisive legal basis rested on the fundamental right to property and the principle of legal equality enshrined in the Federal Constitutional Law (B-VG), under which the generalized and disproportionate differentiation contained in the social insurance legislation was deemed to lack a reasonable objective basis, thereby rendering the impugned statutory provision unconstitutional.