(1) Are Pensions Pay?

Article 141 (formerly Art 119) provides that ‘pay’ is ‘the ordinary minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives, directly or indirectly, in respect of his employment from his employer’. In the context of pension provision, the wording has received an extremely broad interpretation, an interpretation which has been the basis of the dramatic changes in the law wrought by the European Court.