TO HAVE TAKEN INTO ACCOUNT HIS VOLUNTARY INSURANCE CONTRIBUTIONS PAID TO THE CLERICAL INSURANCE OFFICE .
9 ACCORDING TO THE SCHEDULE TO THE DECISION UNDER REVIEW , IT WAS BASED ON THE FOLLOWING CALCULATION SO AS TO ARRIVE AT THE CREDIT OF 3 YEARS , 1 MONTH AND 15 DAYS ;
( A ) IT TOOK AS A BASIS FOR THE CALCULATION THE PERIOD DURING WHICH THE APPLICANT WAS EMPLOYED BY THE BERUFSGENOSSENSCHAFT , THAT IS TO SAY 5 YEARS , 7 MONTHS AND 13 DAYS ;
( B)A COEFFICIENT OF 0.8332 WAS APPLIED TO THIS PERIOD SO AS TO TAKE ACCOUNT OF THE VOLUNTARY INSURANCE WHICH THE APPLICANT TOOK OUT WITH THE CLERICAL INSURANCE OFFICE ;
( C)A COEFFICIENT OF CONVERSION WAS THEN APPLIED SO AS TO GIVE THE ACTUARIAL EQUIVALENT OF THE PERIOD SO OBTAINED .
10 THE APPLICANT CONTESTS FIRST THE BASIS OF CALCULATION INDICATED AT ( A ). HE DOES NOT DENY THAT HE HAD ACTUALLY COMPLETED THE PERIOD TO WHICH THE DECISION REFERS AT THE TIME AT WHICH HE LEFT HIS EMPLOYMENT WITH THE BERUFSGENOSSENSCHAFT IN 1956 . IN HIS VIEW HOWEVER THE PERIOD TAKEN AS A BASIS FOR CALCULATION SHOULD HAVE INCLUDED NOT ONLY THE ACTUAL DURATION OF EMPLOYMENT BUT ALSO THE PERIODS OF STUDY PRIOR TO THE EMPLOYMENT WHICH ACCORDING TO THE APPLICABLE GERMAN LEGISLATION ARE TO BE TAKEN INTO CONSIDERATION IN ORDER TO CALCULATE YEARS OF PENSIONABLE SERVICE .
11 IN SUPPORT OF THIS SUBMISSION THE APPLICANT CLAIMS THAT A GERMAN LAW OF 1 JULY 1957 INSERTED IN THE FEDERAL CIVIL SERVICE LAW A NEW ARTICLE 116A ACCORDING TO WHICH PERIODS OF STUDY PRIOR TO EMPLOYMENT ARE TO BE TAKEN INTO CONSIDERATION IN ORDER TO CALCULATE YEARS OF PENSIONABLE SERVICE . THAT LAW OF 1957 HAD RETROACTIVE EFFECT TO 1 SEPTEMBER 1953 AT WHICH DATE THE APPLICANT WAS STILL IN THE EMPLOYMENT OF THE BERUFSGENOSSENSCHAFT . THEREFORE THE SCHEME PROVIDED FOR IN THE LAW WAS MADE RETROACTIVELY APPLICABLE TO HIS SITUATION ; THIS SCHEME THEREFORE CAUSED PENSION RIGHTS TO ACCRUE TO HIM WHICH HE WAS OBLIGED TO FORFEIT BY REASON OF HIS ENTERING THE SERVICE OF THE COMMUNITY .
12 THE COMMISSION REJECTS THIS ARGUMENT . IT SUBMITS THAT ACCORDING TO ARTICLE 102 ( 2 ) OF THE ECSC STAFF REGULATIONS , THE CREDITING OF YEARS OF PENSIONABLE SERVICE CAN APPLY ONLY TO YEARS OF SERVICE WHICH HAVE ACCRUED TO THE OFFICIAL IN HIS COUNTRY OF ORIGIN AND THAT THE WORDING MUST BE INTERPRETED TO MEAN THAT THE ' ' ACCRUED ' ' YEARS OF SERVICE MUST ACTUALLY HAVE ACCRUED AT THE TIME WHEN THE OFFICIAL WAS OBLIGED TO FORFEIT HIS RIGHTS . THIS INTERPRETATION IS SUPPORTED BY THE GENERAL IMPLEMENTING PROVISIONS RELATING TO ARTICLE 107 OF THE STAFF REGULATIONS AND ARTICLE 102 ( 2 ) OF THE ECSC STAFF REGULATIONS , WHICH WERE ADOPTED BY THE COMMISSION ON 2 JULY 1969 AND PUBLISHED IN THE COURRIER DU PERSONNEL ( STAFF COURIER ) OF 29 JULY 1969 ( NO 77 , P