Document ID: chunk:federal_register_of_legislation:C2024C00651:clause:1_5:p1
Version: federal_register_of_legislation:C2024C00651
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/2)
Character Range: 219301–221900

5  Entitlement to an additional retiring allowance at a preserved percentage
 (1) This clause applies to a person if, immediately before the start of the first new scheme contribution period of the person, additional retiring allowance was payable to the person under subsection 18(9) in respect of either or both of the following:
 (a) his or her service in an office or offices he or she held as a Minister of State;
 (b) his or her service in an office or offices by virtue of which he or she was an office holder.
In this clause, each office in respect of which the additional retiring allowance was payable is a relevant office.
Note: The reference in this subclause to a retiring allowance being payable to the person is affected by subclause (5).
 (2) The person is entitled, after the end of the first new scheme contribution period and in respect of each relevant office, to additional retiring allowance (the preserved additional allowance) under this clause during his or her lifetime at the preserved additional percentage for the office (see subclause (4)) of the rate, for the time being, of:
 (a) for an office referred to in paragraph (1)(a)—the salary payable to a Minister of State; or
 (b) for an office referred to in paragraph (1)(b)—the allowance by way of salary payable to an office holder in respect of that office.
Note 1: The reference in this subclause to the rate of salary, or allowance by way of salary, for the time being payable in respect of an office is affected by sections 22T and 23.
Note 2: Subclause (6) imposes a cap on the rate of the preserved additional allowance.
Note 3: Because of Division 3 of this Part, other provisions (for example, Part VA, subsection 20(3A) and sections 21 and 21B) may apply so that the preserved additional allowance is not payable to the person, or is payable at a reduced rate.
 (3) The person's entitlement to the preserved additional allowance is suspended for the duration of any later new scheme contribution period of the person.
 (4) The preserved additional percentage for a relevant office is, from the end of a new scheme contribution period of the person to the start of the next (if any) new scheme contribution period of the person, the percentage that was applied to:
 (a) for an office referred to in paragraph (1)(a)—the salary payable to a Minister of State; or
 (b) for an 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