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    A survivor' s pension paid by an occupational pension scheme the rules of which were not laid down directly by law but were the result of an agreement between both sides of the industry concerned, with the public authorities doing no more than, at the request of such employers' and trade union organizations as were considered to be representative, to declare the scheme compulsory for the whole of the industry concerned and which is funded wholly by the employees and employers in the industry concerned, to the exclusion of any financial contribution from the public purse, constitutes pay for the purposes of Article of the Treaty, with the result that it is subject to the prohibition of discrimination based on sex laid down by that provision.

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    The fact that, by definition, a survivor' s pension is not paid to the employee but to the employee' s survivor does not alter that interpretation since entitlement c dating opgelicht such a benefit is a consideration deriving c dating opgelicht the survivor' s spouse' s membership of the scheme, the pension being vested in the survivor by reason of the employment relationship between the employer and the survivor' s spouse and being paid to him or her by reason of the spouse' s employment.

    Due, President, C. Kakouris, G. Rodríguez Iglesias, M. Zuleeg, J. Murray Presidents of Chambers c dating opgelicht, G. Mancini, R. Joliet, F. Schockweiler, J. Moitinho de Almeida, F. Grévisse, M. Diez de Velasco, P. Kapteyn and D. Edward, Judges, Advocate General: W. Van Gerven, Registrar: H. Loutermann-Hubeau, Principal Administrator, after considering the written observations submitted on behalf of:.

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