Sentences with phrase «applied by the domestic courts»

Not exact matches

The additional 10 % tax generally does not apply to payments that are: • Paid after you separate from service during or after the year you reach age 55; • Annuity payments; • Automatic enrollment refunds; • Made as a result of total and permanent disability; * • Made because of death; • Made from a beneficiary participant account; • Made in a year you have deductible medical expenses that exceed 7.5 % of your adjusted gross income; * • Ordered by a domestic relations court; or • Paid as substantially equal payments over your life expectancy.For more info see: https://www.tsp.gov/PDF/formspubs/tsp-780.pdf Enjoy your retirement!

Because in this case both statutory decision makers (ie the Standards Board and the Adjudication Panel) comprise persons identified by Parliament «because of their experience knowledge and position to apply the relevant Code», therefore «absent an error of law the court is to pay considerable respect to the decision of what is an informed domestic tribunal».

(i) where there is a breach of a right afforded under EU law, article 47 of the Charter is engaged; (ii) the right to an effective remedy for breach of EU law rights provided for by article 47 embodies a general principle of EU law; (iii)(subject to exceptions which have no application in the present case) that general principle has horizontal effect; (iv) in so far as a provision of national law conflicts with the requirement for an effective remedy in article 47, the domestic courts can and must disapply the conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a conflicting domestic provision where the court would otherwise have to redesign the fabric of the legislative scheme.

In applying the criteria laid out by the Court, the AG pays little attention to the fact that the tribunals are set up by an international agreement rather than through domestic law, to the ad - hoc nature of ISDS, and to the long - held criticism that ISDS arbitrators lack the basic judicial safeguards for judicial independence.

In the exercise of this Court's discretionary power to grant or withhold the declaratory judgment remedy, it is of controlling significance that it is in the public interest to avoid the needless determination of constitutional questions and the needless obstruction to the domestic policy of the states by forestalling state action in construing and applying its own statutes.»

However, this only applies if the parent does have a court order regarding custody or visitation, and even then, the police may decide it's a domestic matter to be handled by family court.

It is generally agreed — albeit from very different theoretical perspectives — and supported by considerable case - law, that functional immunity can not apply in cases where State officials have allegedly committed international crimes, neither before a domestic nor before an international criminal court.

In cases in which a party applies to have the validity of an arbitration agreement recognized, cases in which application is made to cancel a domestic arbitration commission's award, cases in which application is made to recognize (认可) and enforce a Hong Kong SAR or Macau SAR arbitration award, recognize (认可) and enforce a Taiwan area arbitration award, application is made to recognize (承认) and enforce a foreign arbitral award, shall be handled by the specialized trial divisions of each level of court.

If a court wants to transfer certain kinds of federally regulated retirements assets titled in the name of one spouse to another spouse in the course of a divorce, this is only effective if the Court follows the exacting requirements of a «qualified domestic relations order» (similar requirements apply to both federal government employee benefits and to private pension plans governed by ERISA which is a federal law with broad pre-emptive effect over private pension court wants to transfer certain kinds of federally regulated retirements assets titled in the name of one spouse to another spouse in the course of a divorce, this is only effective if the Court follows the exacting requirements of a «qualified domestic relations order» (similar requirements apply to both federal government employee benefits and to private pension plans governed by ERISA which is a federal law with broad pre-emptive effect over private pension Court follows the exacting requirements of a «qualified domestic relations order» (similar requirements apply to both federal government employee benefits and to private pension plans governed by ERISA which is a federal law with broad pre-emptive effect over private pension law).

«When national courts apply domestic law, they are bound to interpret it, so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive and consequently comply with the third para of Art 249 EC (see Joined Cases C - 397 / 01 to C - 403 / 01 Pfeiffer and Others [2004] ECR I - 8835, para 113, and the case - law cited).

Although our national courts have jurisdiction when it comes to interpreting our domestic law and the impact on it of Community law, s 3 of ECA 1972 requires them to do so by applying the relevant rulings of ECJ.

(b) This section, including the requirement to post a bond or other security, does not apply to a parent who, in a proceeding to order or modify a parenting plan or time - sharing schedule, is determined by the court to be a victim of an act of domestic violence or provides the court with reasonable cause to believe that he or she is about to become the victim of an act of domestic violence, as defined in s. 741.28.