In the Graham judgment, the Court explains that if forms of discrimination that have been introduced are to be lawful, they must ensure coherence between the retirement pension scheme and the invalidity benefit scheme in two respects: first, because Member States should not be prevented from granting to workers who become incapacitated for work before reaching pensionable age invalidity benefits corresponding to the earnings which they would have continued to receive if they had been able to continue working; and, secondly, because women would receive an invalidity benefit equal to the retirement pension if, in order to ensure equal treatment, the invalidity allowance were granted to them at the same age as men, namely at 65.
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