46It is appropriate to bear in mind that the only possible decisive criterion is whether the retirement pension is paid to the worker by reason of the employment relationship between him and his former employer, that is to say, the criterion of employment, which is based on the wording of Article 141 EC itself. However, that criterion cannot be regarded as exclusive, since pensions paid under statutory social security schemes may reflect, wholly or in part, pay in respect of work. Such pensions do not constitute ‘pay’ for the purposes of Article 141 EC (see Schönheit and Becker, paragraphs 56 and 57 and the case-law cited).
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