Questione giuridica chiave
Whether the pension capital for 2008 had to be reduced by the fund's negative performance for the whole year or only pro rata until 1 September 2008.
Decisione estratta
For installment-based retirement benefits, the capital remaining in the pension fund is exposed to annual performance for the entire year; no pro rata limitation applies.
Motivazione estratta
The regulation distinguished only between calculating the benefit at the pension date and the subsequent remuneration of capital left in the fund. For annuity installments, the member remains in the investment community, so year-end performance allocation is appropriate and consistent with equal treatment.