Facts
The case concerns the interpretation and application of a regulation provision of the staff pension fund of Company X regarding pension reduction in early retirement. The complainant was given the choice by Company X to either resign voluntarily or be retired early. Since he opted for the latter, the pension institution refused to waive the pension reduction, as Company X no longer wanted to cover the resulting actuarial costs. The complainant contested this decision.Considerations
The Federal Court concluded that the regulation provision contains a potestative condition, according to which the employer decides whether to order the waiver of the pension reduction or not. However, this decision must be based on objective criteria and observe the equal treatment of the beneficiaries. As Company X was…