Constitutionality of public service pension calculation rules and equal treatment principles

The Constitutional Court declared the challenged provisions of the federal law governing public service retirement benefits unconstitutional. The dispute concerned a complaint filed by a public servant regarding the calculation of pension entitlements, specifically challenging the legal framework that determined the accrual of service periods and the resulting financial benefits. The Court relied on the Austrian Federal Constitutional Law (B-VG) and fundamental principles of equality and legal certainty, finding that the statutory scheme under review violated constitutional standards by imposing disproportionate restrictions on the claimant's rights, thereby invalidating the specific legislative provisions in question.