Questione giuridica chiave
Whether a 1998 salary back payment must be included in the insured salary for calculating the ongoing disability pension
Decisione estratta
Yes. The back payment restored the lawful salary for 1998 and counts as part of the annual salary under the pension plan, so it must be included retroactively from the start of the pension.
Motivazione estratta
The plan fixes the annual salary prospectively at 1 January, but any salary entitlement existing on that date belongs to that year's annual salary even if recognized later. The 1998 back pay merely corrected discriminatory underpayment and therefore forms part of the salary basis. Excluding it would perpetuate unequal treatment.