Under European Union law, the provision of occupational retirement benefits is subject to the principle of equal treatment for men and women1. Article 157 of the Treaty on the Functioning of the European Union2 requires each member state to ensure and maintain the application of the principle that men and women should receive equal pay for equal work3. For these purposes, 'pay' means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives, directly or indirectly, in respect of his employment from his employer4. Equal pay without discrimination based on sex means: (1) that pay for the same work at piece rates is to be calculated on the basis of the same unit of measurement; and (2) that pay for work at time rates is to be the same for the same job5.
An individual ca
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