Judgment 1392
78th session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 34
Extract:
WHEREAS THE RIGHT TO A PENSION "IS NO DOUBT INVIOLABLE, A PENSION CONTRIBUTION IS BY ITS VERY NATURE SUBJECT TO VARIATION [...] FAR FROM INFRINGING ANY ACQUIRED RIGHT A RISE IN CONTRIBUTION THAT IS WARRANTED FOR SOUND ACTUARIAL REASONS [...] ACTUALLY AFFORDS THE BEST SAFEGUARD AGAINST THE THREAT THAT LACK OF FORESIGHT MAY POSE TO THE FUTURE VALUE OF PENSION BENEFITS."
Keywords:
acquired right; actuarial valuation; contributions; increase; pension;
CONSIDERATION 36
Extract:
THE COMPLAINANT OBJECTS TO THE ACTUARIAL METHOD WHICH THE ORGANISATION USED IN A STUDY OF THE PENSION FUND'S FORESEEABLE COSTS. "LIKE ANY PUBLIC AUTHORITY, THE EPO ENJOYS A PRESUMPTION IN ITS FAVOUR - ESPECIALLY WHEN IT IS TAKING TECHNICAL MEASURES AND IT HAS DONE THOROUGH PREPARATORY WORK - THAT ITS CHOICE OF ACTUARIAL METHOD IS THE MOST SUITABLE AND THE FAIREST. [...] IT IS OF COURSE OPEN TO A STAFF MEMBER UNDER A SYSTEM OF ADMINISTRATIVE LAW TO CHALLENGE THE ORGANISATION'S CHOICE, BUT HE MUST BE ABLE TO ADDUCE EVIDENCE TO SHOW WHY THE CHOSEN METHOD, WHEN COMPARED WITH OTHERS, MAY SUFFER FROM TECHNICAL FLAWS THAT SHOULD HAVE DISQUALIFIED IT."
Keywords:
actuarial valuation; burden of proof; contributions; discretion; evidence; increase; judicial review; mistake of fact; organisation; pension; reckoning; right of appeal;
