Definition of earnable income set-off against soldiers' pension under § 53 para. 5 SVG

The Federal Administrative Court (BVerwG) admitted the legal appeal and remanded the case to the Higher Administrative Court for further proceedings, ruling in favor of the appellant on the procedural question of the appeal's admissibility. The dispute concerned soldiers' benefits law, specifically the challenge to the military authority's calculation of service pay, where the core issue was the permissible deduction of certain earned income from the pension entitlement. The decisive legal basis is § 53 para. 5 of the Soldiers' Benefits Act (SVG), with the court determining that the main proceedings are suitable to clarify the definition of "earnable income" subject to set-off under this provision.