$75,000 Limitation on Loss of Income or Loss or Support

Section 4.02(2)(b)(i) of the Transfused Plan (Schedule A) and Hemophiliac Plan (Schedule B) provides that the Pre-Claim net Income cannot exceed $75,000 multiplied by the ration that the pension index for the year bears to the pension index for 1999.

This limitation was created as a temporary safeguard to ensure a minimum level of benefits to all claimants.

This limitation will remain in effect until the Courts determine that it should be amended or removed in whole or in part.

Under s. 7.03 of the Transfused Plan (Schedule A) and Hemophiliac Plan (Schedule B), the Joint Committee may bring a motion every third anniversary of June 30, 2002 asking the Courts to determine whether the restriction on the payment should be amended or removed in whole or in part with respect to the $75,000 limitation applicable in sections 4.02 (loss of income) of the Transfused Plan (Schedule A) and Hemophiliac Plan (Schedule B) and 6.01 (loss of support) of the Transfused Plan (Schedule A) and Hemophiliac Plan (Schedule B).

It is pre-determined that this limitation will be last re-assessed by the Courts. The settlement agreement could be amended so as to delete the limitation and substitute it with a greater maximum Pre-Claim Net Income amount.

This restriction could be amended to the point where it is altogether deleted.

See FAQ