23In the present case, Article 2a(3) of the Law on salaried employees deprives certain workers of their right to the severance allowance on the sole ground that they are entitled to draw, on termination of the employment relationship, an old-age pension from their employer under a pension scheme which they joined before attaining the age of 50 years. It is apparent from the documents before the court that entitlement to an old-age pension is subject to a minimum age requirement which, in Mr Andersen’s case, was set under a collective agreement at 60 years. That provision is thus based on a criterion which is inextricably linked to the age of employees.
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