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1. (1) Any person who—
(a)is a member of the Assembly immediately before its dissolution; and
(b)at the general election consequent upon the dissolution either—
(i)does not stand for election to the Assembly, or
(ii)if he does, is not returned as a member,
shall be entitled to receive payment of an allowance under this section.
[F1(1A) Subsection (1) does not apply to a person who has given a termination notice under paragraph 1 of the Northern Ireland Assembly (Members' Salaries, Pensions and Allowances) Determination 2003.]
F1(2) The amount of the allowance shall be equal to the relevant percentage of that person's salary as a member immediately before the dissolution.
(3) For the purposes of subsection (2)—
“salary as a member” has the same meaning as in the Assembly Members' Pension Scheme (Northern Ireland) 2000 (set out in the Schedule to the Assembly Members' Pensions Determination 2000, made by the Secretary of State under section 48 of the Northern Ireland Act 1998 (c. 47) by virtue of paragraph 9 of the Schedule to the Northern Ireland Act 2000 (c. 1));
“the relevant percentage”, in relation to a person, is that shown in the Schedule in relation to—
the person's age at the dissolution; and
the number of complete years of his service as a member of the Assembly at the dissolution.
(4) In determining a person's length of service as a member of the Assembly—
(a)any period of service on or after 25th June 1998 shall be taken into account; but
(b)any period which was taken into account (or disregarded) in calculating the amount of allowance previously payable to him under this section or section 2 shall be disregarded.
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