Facts

The applicant X., born in 1902, had been the director of a post office in a village since 1933. Following an administrative investigation conducted in the autumn of 1963, it was found that he had committed punishable acts in the exercise of his duties. In November 1963, he was temporarily transferred to Basel and employed there as a uniformed civil servant, with the retention of his salary as post office director, reduced according to his new working hours. On 10 February 1964, the Directorate General of the PTT ordered his provisional suspension from his duties as post office director and decided that he would be provisionally employed in Basel as a uniformed auxiliary, with a reduction of his salary to the maximum amount of the 22nd salary class. On 21 December 1964, the Postal District Directorate of Basel informed the applicant that he would not be re-elected as post office director for the new term beginning on 1 April 1965.

Considerations

According to Article 14, paragraph 4, of the pension fund regulations, when the salary is reduced due to changes in job duties, the insured person may, with the consent of the appointing authority, remain insured on the basis of the former insured salary. In the present case, although the applicant did not request the maintenance of the former insured salary within the 3-month deadline, the Directorate General of the PTT nevertheless continued to pay contributions on the basis of the former insured…