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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.

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Category: Employment » Part-time workers; EC Law; Pensions. Area(s) of law: Employment; Pensions.

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