Kernrechtsfrage
Whether R. must be affiliated retroactively to Publica from 1 October 1980
Extrahierter Entscheid
Yes. Affiliation is independent of whether contributions were actually paid, and the employment relationship entitled him to retroactive affiliation from the start of work.
Extrahierte Begründung
The court held that pension affiliation arises by law once the factual and legal conditions are met. The earlier judgment fixing the employment status did not determine the pension rights themselves; Publica had admitted the principle of affiliation and no exclusion ground was shown.