The Federal Constitutional Court clarified that maximum age
limits for occupational pension benefits do not violate the general
principle of equality. This confirms the jurisdiction of the
Federal Labor Court, according to which maximum age limits for
occupational pension schemes do not constitute age discrimination
or even discrimination against women.
Federal Constitutional Court, Non-acceptance order July 23, 2019
– Case 1 BvR 684/14
The complainant had initially retired from gainful
employment due to the birth of her child and subsequently resumed
gainful employment at the age of 51 years and four months. At the
employer, employees were entitled to company pension benefits from
the provident fund on the basis of a benefit plan if they had at
least ten years of service and had not yet reached the age of 50
when starting employment. Years of service after the age of 60 were
no longer counted. Since the complainant had reached the age of 50
when she started
