$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.
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