Document ID: chunk:federal_register_of_legislation:C2004A01320:clause:1_5:p2
Version: federal_register_of_legislation:C2004A01320
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 2/2)
Character Range: 9067–10875

office referred to in paragraph (1)(b)—the allowance by way of salary payable to an office holder in respect of that office;
in order to calculate the rate of additional retiring allowance payable to the person in respect of the office under subsection 18(9), or under this clause, immediately before the start of the first‑mentioned new scheme contribution period.

Note: The reference in this subclause to the rate of additional allowance payable to the person is affected by subclause (5).

 (5) If, immediately before the start of a new scheme contribution period of the person, the person was not being paid additional retiring allowance, or was being paid a reduced rate of additional retiring allowance, because of all or any of the following provisions:
 (a) Part VA;
 (b) subsection 18(10B) or subclause (6) of this clause;
 (c) subsection 20(3A);
 (d) section 21;
 (e) section 21B;
this clause applies to the person as if the person were, at that time, being paid the additional retiring allowance he or she would have been paid if those provisions had not applied.

 (6) Nothing in this clause entitles the person to additional retiring allowance at a rate that exceeds:
 (a) if the person is entitled to additional retiring allowance in respect of one relevant office only—75% of the rate, for the time being, at which salary or allowance by way of salary, as the case may be, is payable in respect of that office; or
 (b) if a person is entitled to additional retiring allowance in respect of 2 or more relevant offices—75% of the rate that is the highest rate, for the time being, at which salary or allowance by way of salary, as the case may be, is payable in respect of either or any of those offices.

Division 3—How this Act applies in relation to a person after the new scheme entry time