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Internal Market

PR(09)71: Liechtenstein has eliminated a form of discrimination against part-time workers residing outside of the country with regard to their retirement pension

23.10.2009

Liechtenstein has reversed the situation of all such workers who have been the victim of the discriminatory regime that has existed since 2001.

The complainant alleged that the Liechtenstein legislation, did not fully take into account the insurance periods of part-time employment in Liechtenstein when the worker resides outside of Liechtenstein, e.g. in Austria. This method of calculating insurance periods resulted in a lower amount of retirement pension compared to persons with equal part-time employment and residence in Liechtenstein since their insurance periods were fully taken into account.

The Authority issued a letter of formal notice on 10 December 2008 concluding that a difference in treatment based on residence such as that laid down in paragraphs 2 and 3 of Article 51bis of the Old-Age and Survivors Insurance Ordinance (Alters- und Hinterlassenenversicherungsverordnung) cannot be objectively justified and therefore amounts to indirect discrimination under EEA law.

In March 2009, the Liechtenstein Government acknowledged the Authority's assessment and, consequently, abolished the above mentioned provision of the AHV-Ordinance. The amendment has retroactive effect as of 1 January 2001, which is the date on which the contested rules entered into force. As a consequence, all affected persons will be able to request a reassessment of their pensions.

For further information, please contact:

Mr Bernhard Zaglmayer
Senior Officer
Internal Market Affairs Directorate
Tel. (+32)(0)2 286 1885

 

Brussels, 23 October 2009




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