Damage politician’s pension: revocation confirmed – salzburg.ORF.at
court
The Constitutional Court (VfGH) in Vienna has ruled Nun against the former Mayor of Salzburg, Heinz Schaden (SPÖ), as the complainant. He had appealed to the supreme court against the revocation of his politician’s pension after the infidelity conviction.
A complaint by Judicial Section Head Christian Pilnacek against his suspension was also rejected. The VfGH announced on Tuesday.
What happened until now
Salzburg’s ex-mayor Heinz Schaden was convicted of unfaithfulness in the criminal court in July 2017, with the result that the allowance granted for the quiet as mayor was no longer applicable and was re-assessed in accordance with the provisions of the ASVG. This was confirmed by the Salzburg Regional Administrative Court. In his complaint, damage was caused by the unconstitutionality of the provisions of the Salzburg Law on Payments in 1992.
Supreme judges see no “disadvantage”
However, the Constitutional Court qualified the remeasurement of the pension as proportionate because it ties in with an actually imposed penalty of a certain amount and based on the duration of the pension contributions actually paid.
An unobjective “disadvantage” of a retired politician compared to active politicians or civil servants could not be recognized, because different regulatory systems are provided for each of these two groups. In addition, damage has voluntarily opted into the system that now applies to him.
Repayment of legal fees?
Most recently, Heinz Schaden named the renewed award of his politician’s pension as a prerequisite for being able to repay the city of Salzburg’s legal fees from his criminal proceedings. According to media reports, it is about 250,000 euros. It is not yet known how the latest ruling by the Supreme Court will affect these proceedings.