[1995] ICR 74, ECJ and [1993] IRLR 601
NOTES
Ten Oever v Stichting Bedrijfspensioenfonds etc, [1995] ICR 74, ECJ and [1993] IRLR 601, ECJ on 6th October 1993
the full text of this ECJ judgment is available free of charge on the BAILII website
Authority for the propositions that:-
- a survivor's pension under an occupational pension scheme is covered by the concept of pay within the meaning of Article 119 (now Article 141) of the Treaty of Rome; and
- equal treatment in respect of occupational pensions can only be claimed for benefits payable in respect of periods of employment subsequent to 17 May 1990 (the date of the decision in Barber v Guardian Royal Exchange Assnce Group ECJ 1990 ICR 616), unless the person making the claim has initiated legal proceedings or raised an equivalent claim under the applicable national law before that date.
For relevant general notes see Pensions/part-time employees/a general note .
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prepared May2008