Piloten, die in Einmanncockpits arbeiten und 60 werden, haben von April an ein Problem: Sie bekommen ein Berufsverbot von der EU. Ab 60 dürfen sie nicht mehr als Pilot tätig werden, bekommen aber erst ab 67 Jahren Rente. Also: noch 7 Jahre arbeitslos oder als Flugzeugwäscher?
Hier die Rechtslage aufgrund der neuen Vorschriften in englicher Sprache, damit alle Betroffenen unterrichtet sind – Gespräche mit der EASA, ob dies so gewollt ist, laufen.
Pilots are forced into retirement at 60 ?
EU regulation EuVo 1178 / 2011 FCL 065, which will come into effect on 04/12/2012, stipulates the following:
FCL.065 Curtailment of privileges of licence holders aged 60 years or more in commercial air transport
(a) Age 60-64. Aeroplanes and helicopters.
(b) The holder of a pilot licence who has attained the age of 60 years shall not act as a pilot of an aircraft engaged in commercial air transport except:
(1) as a member of a multi-pilot crew; and
(2) provided that such a holder is the only pilot in the flight crew who has attained the age of 60 years.
(b) Age 65. The holder of a pilot licence who has attained the age of 65 years shall not act as a pilot of an aircraft engaged in commercial air transport.
In accordance with the national regulation as per Federal Law Gazette 2007, Part 1, No. 26 as of 06/14/2007, Paragraph 2: amendment of the Regulation on Aviation staff, p. 1055, pt. 23, cl. 127, holders of a Commercial or Airline Transport Pilot License issued by the Federal Republic of Germany were entitled to make use of the rights granted by their license also after reaching the age of 60 years until and including reaching the age of 65 years in aircrafts with a minimum crew of one pilot, as long as they performed suchlike activities within the territory of the Federal Republic of Germany.
With EuVo 1178 / 2011 coming into effect, this is no longer possible.
As a matter of fact, nearly all commercial helicopter, Emergency rescue helicopter, scenic and Island flights with airplanes are realized by one pilot only. Also Flights that serve to control pipelines, power lines as well as flights that take place within the scope of forest fire fighting – they are all realized single-handed.
Many of the respective pilots are 60 years of age or even above.
With EuVo 1178 / 2011 coming into effect, the respective services can no longer be provided in the form previously practiced.
As a consequence thereof, all these pilots aged 60 or above will become unemployed on 04/12/2012. Those of them, who have worked on self-employed or freelance base, are threatened with poverty, since they will not receive any unemployment benefits!
The issue is even complicated these facts:
By means of the German Adjustment of Pensions Act, the standard retirement age was raised to 63 years for women and 67 years for men (applied to all those born in 1953 or later). Apart from the deduction applied for each month, the respective person enters into retirement earlier than scheduled it defined that those concerned will not receive one single Cent of pension until reaching the standard retirement age. That means, all those pilots who are now deprived of their jobs by EuVo 1178 / 2011, will face poverty. They will no longer be entitled to pursue their profession and will (if they used to be self-employed) not receive any unemployment benefits. However, at the same time they cannot retire early, either! The EU forces these people into poverty!!
Mitgeteilt von Rechtsanwalt Stefan Hinners, Rechtsanwälte Brüggemann & Hinners, Hamburg