Pension rights and part-time work (ECJ judgment) - Dermod Patrick O'Brien v Ministry of Justice (2018) (C-432/17) [ECJ] 07.11.18 (Unreported)
Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4 — Principle of non-discrimination — Part-time workers — Retirement pension — Calculation of the amount of the pension — Account taken of years of service completed before expiry of the period for transposition of Directive 97/81/EC — Immediate application to the future effects of a situation which arose under the old law. HELD that where the accrual of pension entitlement extended over periods both prior to and after the deadline for transposition of Part-time Work Directive, the calculation of those rights was governed by the provisions of that directive, including with regard to the periods of service prior to its entry into force.Link to judgment
Category: Employment » Part-time workers; EC Law; Pensions. Area(s) of law: Employment; Pensions.