Gender reassignment and retirement age

Gender reassignment changes not only the gender recorded in the Central Civil Status Register (ZPR), but also the applicable retirement age. This was the experience of a 60-year-old Styrian man whose application for an old-age pension was rejected because the male retirement age of 65 now applied to him. 

Following this rejection, the transgender man took the matter to court, arguing that he had had a “typically female employment history” over the past 60 years and was therefore entitled to a pension. His claim was dismissed at first instance by the Graz Regional Court, and this decision was subsequently upheld by the Higher Regional Court.

The decisive factor in this ruling is the gender recorded in the ZPR on the reference date, which is the first day of the month following the application. The Supreme Court (OGH) rejected the allegation that the case violated the principle of equality. If a 60-year-old transgender woman were denied access to her pension, she would be discriminated against on the grounds of her gender.

Further details of the ruling can be found in the Legal Information System .