Common use of ACCIDENT MAKE-UP PAY Clause in Contracts

ACCIDENT MAKE-UP PAY. This clause shall apply to all Employees in respect of incapacity, which results from an injury received on or after 19 March 1990. The circumstances under which an Employee shall qualify for accident make up pay shall be as prescribed hereunder: 2.8.1 If the Employee sustains an injury in the course of employment for the Employer for which Accident Compensation, in accordance with the appropriate legislation, is payable, the Employee shall have the amount paid by the Accident Compensation provisions made up to the Employee’s pre-injury annual salary, until such incapacity ceases, or until the expiration of a period of 39 weeks from the date of injury, whichever occurs first. 2.8.2 The level to which make up pay is provided shall be calculated by dividing the annual salary by 12 to arrive at the monthly rate and by subtracting from the monthly rate the amount paid in respect of Accident Compensation for the appropriate period. Make up pay shall only be payable in accordance with the appropriate Workers’ Compensation Act or Ordinance as amended from time to time. 2.8.3 The Employer may require the Employee to declare all workers compensation claims made in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared, the Employer may require the Employee to forfeit their entitlement to accident make up pay under this clause. 2.8.4 The Employer may at any time, so long as the incapacity continues, require the Employee to provide satisfactory evidence of such incapacity and the cause thereof. 2.8.5 Nothing in this clause overrides the Employee’s rights under the Accident Compensation Act 1985.

ACCIDENT MAKE-UP PAY. This clause shall apply 36.1. Subject at all times to all Employees the provisions of this clause, an employee upon receiving payment of workers' compensation in the terms of the Western Australian State legislation and continuing to receive such payment in respect of incapacity, weekly incapacity within the meaning of the legislation shall be paid accident pay by the Company (if it is liable to pay workers' compensation under the relevant legislation) which results from an injury received on or after 19 March 1990. The circumstances under which an Employee shall qualify said liability by the Company for accident make up pay shall pay, may be as prescribed hereunderdischarged by another person on behalf of the Company, provided that: 2.8.1 If the Employee sustains an injury in the course of employment for the Employer for which (i) Accident Compensation, in accordance with the appropriate legislation, is payable, the Employee shall have the amount paid by the Accident Compensation provisions made up to the Employee’s pre-injury annual salary, until such incapacity ceases, or until the expiration of a period of 39 weeks from the date of injury, whichever occurs first. 2.8.2 The level to which make up pay is provided shall be calculated by dividing the annual salary by 12 to arrive at the monthly rate and by subtracting from the monthly rate the amount paid in respect of Accident Compensation for the appropriate period. Make up pay shall only be payable to an employee whilst such employee remains in accordance the employment of the Company by whom so employed at the time of the incapacity and then only for such a period as a weekly payment under the legislation is received. (ii) The Company shall not terminate the employment of the employee to avoid payment of entitlements for the employee provided for in this clause. 36.2. Accident pay shall not apply to any incapacity occurring during the first 3 weeks of employment unless such incapacity continues beyond the first 3 weeks and then the provisions of this clause shall apply only to the period of incapacity after the first 3 weeks. Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the legislation) the provisions of this sub-clause shall not apply unless the employee has been employed with the appropriate Workers’ Compensation Act or Ordinance as amended from Company at the time to timeof the incapacity for a minimum period of 1 month. 2.8.3 36.3. The Employer provisions of this clause shall not apply in respect of any injury during the first 5 normal working days of incapacity. 36.4. An employee on engagement may require the Employee be required to declare all workers workers' compensation claims made in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared, declared the Employer Company may require the Employee employee to forfeit their entitlement to accident make up pay under this clause. 2.8.4 36.5. The Employer maximum period or aggregate of periods of accident pay to be made by the Company shall be a total of 39 weeks for any one injury as defined in sub-clause 36.16. 36.6. The provisions of this clause shall not apply in respect of any period of other paid leave of absence. 36.7. An employee, upon receiving an injury for which the employee claims to be entitled to receive accident pay, shall give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof, provided that such notice may at any timebe given by a representative of the employee. 36.8. In order to receive entitlement to accident pay an employee shall conform to the requirements of the legislation as to medical examination. Where, so long in accordance with the legislation, a medical referee gives a certificate as to the incapacity continuescondition of the employee and fitness for work or specifies work for which the employee is fit and such work is made available by the Company and refused by the employee or the employee fails to commence the work, require the Employee provisions of this clause shall cease to provide satisfactory evidence apply to the said employee from the date of such incapacity and refusal or failure to commence the cause thereofwork. 2.8.5 36.9. Where there is redemption of weekly compensation payments under the legislation the Company’s liability to pay benefits under this clause shall cease as from the date of such redemption. 36.10. An employee receiving or who has received accident pay shall advise the Company of any action that may be instituted or any claim that may be made for damages. Further, the employee shall, if requested, provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury. (i) Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this clause the Company’s liability to pay such benefits shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Company, the employee shall pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. (ii) Where an employee obtains a verdict for damages against a person other than the Company in respect of an injury for which benefits have been received under this clause, the Company’s liability to pay such benefits shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company the employee shall pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. 36.11. Nothing in this clause overrides shall require the Employee’s rights Company to insure against liability for the payment of benefits under this clause. 36.12. Any changes in compensation rates under the Accident legislation shall not increase the amount of the benefits payable under this clause that would have been payable had the rates of compensation remained unchanged. 36.13. All rights to any benefits under this clause shall cease on the death of an employee. 36.14. Where an employee receives a benefit payment under this clause and such payment is payable for incapacity for part of a week the amount shall be calculated pro rata. 36.15. For the purposes of this clause accident pay shall mean: (i) In the case of an employee who is deemed to be totally incapacitated within the meaning of the legislation and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under the legislation for the week in question and the total 38-hour weekly award rate for a day worker which would have been payable under the employee's normal classification together with the employee's normal weekly over-award payment for work for the week in question if the employee had been performing normal duties, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates or other similar payments shall not be included. (ii) In the case of an employee who is deemed to be partially incapacitated within the meaning of the legislation and arising from an injury covered by this clause means an amount representing the difference between a weekly payment of an amount of compensation paid under the legislation for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers' Compensation Board or equivalent authority or as agreed between the parties) and the total 38 hour weekly award rate for a day worker which would have been payable under the employee's normal classification together with that employee's normal weekly over- award payment for work for the week in question if the employee had been performing normal duties; provided that shift premiums, overtime payments, fares and travelling allowance, special rates or other similar payments shall not be included. The total so calculated shall be the same as that applying for a total incapacity as defined above, provided that where an employee receives a weekly payment under this paragraph and subsequently such payment is reduced pursuant to the legislation such reduction will not increase the liability of the employer to increase the amount of accident pay in respect of that injury. 36.16. For the purpose of this clause, injury shall be given the same meaning and application as applying under the legislation and no injury shall result in the application of accident pay unless an entitlement exists under the legislation. 36.17. For the purposes of this clause the legislation shall mean the WA Workers Compensation and Injury Management Act 19851981.

ACCIDENT MAKE-UP PAY. This clause shall apply 30.1 An employee's entitlement to all Employees in respect of incapacity, which results from an injury received on or after 19 March 1990. The circumstances under which an Employee shall qualify for accident make up pay for a work related injury shall be as prescribed hereunder: 2.8.1 If subject to the Employee sustains employee suffering an injury in the course of employment for the Employer for which Accident Compensation, in accordance with the appropriate legislation, is payable, the Employee shall have the amount paid by the Accident Compensation provisions made up weekly compensation payments are payable pursuant to the Employee’s pre-injury annual salaryrelevant Workers Compensation legislation. 30.2 The Company shall pay accident make up pay during the incapacity of the employee, until such incapacity ceases, or until within the expiration meaning of a period the relevant legislation. 30.3 The liability of 39 weeks from the Company under this clause shall arise at the date of the injury in respect to which compensation is payable under the relevant legislation and shall continue whilst the Company is liable to pay compensation up to an aggregate maximum of 52 weeks payment for any one injury, whichever occurs first. 2.8.2 The level to which 30.4 Accident make up pay is provided shall be calculated by dividing the annual salary by 12 to arrive at the monthly rate and by subtracting from the monthly rate the amount paid in respect of Accident Compensation for the appropriate period. Make up pay shall only be payable to an employee whilst in accordance with the appropriate Workers’ Compensation Act or Ordinance as amended employment of the Company provided that in the case of termination of an employee who is incapacitated and receiving accident make up pay, such payment shall continue to apply except where: (a) the termination is due to serious and/or wilful misconduct; or (b) arises from time to timea declaration of liquidation/insolvency of the Company. 2.8.3 The Employer 30.5 Subject to clause 30.4 above, to qualify for the continuation of accident make up pay on termination, an employee shall, if required, provide evidence to the Company of the continuation of weekly compensation payments. 30.6 Accident make up pay shall not apply in respect of any injury during the first five ordinary working days of incapacity. 30.7 Accident make up pay shall not apply to any incapacity occurring during the first three weeks of employment unless such incapacity extends beyond the first three weeks and then, subject to clause 30.6 above, accident make up pay shall apply only to the period of incapacity after the first three weeks. Provided that industrial diseases contracted by gradual process or injuries subject to recurrence, aggravations or accelerations shall not be subject to accident make up pay unless the employee has been employed at the time of the incapacity for a minimum period of one month. 30.8 An employee on engagement may require the Employee be required to declare all workers compensation claims made in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared, declared the Employer Company may require the Employee employee to forfeit their the entitlement to accident make up pay under provided by this clause. 2.8.4 The Employer may at 30.9 An employee shall not be entitled to accident make up pay in respect of any timeperiod of other paid leave. 30.10 An employee upon receiving an injury for which the employee claims to be entitled to receive accident make up pay shall give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence. 30.11 In order to receive entitlement to accident make up pay, so long an employee shall conform to the requirements of the relevant legislation as to medical examination. Where, in accordance with the incapacity continuesrelevant legislation, require a medical referee gives a certificate as to the Employee condition of the employee and the employees fitness for work, or specifies work for which the employee is fit, and such work is made available by the Company and refused by the employee or the employee fails to provide satisfactory evidence commence the work, accident make up pay shall cease from the date of such incapacity and refusal or failure to commence the cause thereofwork. 2.8.5 Nothing in this clause overrides the Employee’s rights 30.12 Where there is a redemption of weekly compensation payments under the Accident Compensation Act 1985relevant legislation, the Company's liability to pay accident make up pay shall cease as from the date of such redemption. 30.13 An employee receiving or who has received accident make up pay shall advise the Company of any action the employee may institute or any claim the employee may make for damages. Further, the employee shall, if requested, provided an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict of settlement on that injury. 30.14 Where an employee obtains a verdict for damages in respect of an injury for which the employee has received accident make up pay the Company's liability to pay accident make up pay shall cease from the date of such verdict, provided that if the verdict for damages is not reduced either in whole or part by the amount of accident make up pay made by the Company, the employee shall pay to the Company any amount of accident make up pay already received in respect of that injury by which the verdict has not been so reduced. 30.15 Where an employee obtains a verdict for damages against a person other than the Company in respect of an injury for which the employee has received accident make up pay the Company 's liability to pay accident make up pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident make up pay made by the Company, the employee shall pay to the Company any amount of accident make up pay already received in respect of that injury by which the verdict has not been so reduced. 30.16 Any changes in compensation rates under the relevant legislation shall not increase the amount of accident make up pay above the amount that would have been payable had the rates of compensation remained unchanged.

ACCIDENT MAKE-UP PAY. This The provisions of this clause shall will apply to all Employees in respect of incapacity, which results from an injury received on or after 19 March 1990. The circumstances under which an Employee shall qualify for accident make up pay shall be as prescribed hereunder: 2.8.1 If the Employee sustains an injury in the course of employment for the Employer for which Accident Compensation, in accordance with the appropriate legislation, is payable, the Employee shall have the amount paid by the Accident Compensation provisions made up to the Employee’s prefull-injury annual salary, until such incapacity ceases, or until the expiration of a period of 39 weeks from the date of injury, whichever occurs firsttime and part-time employees only. 2.8.2 The level to which make up pay is provided shall be calculated by dividing the annual salary by 12 to arrive at the monthly rate and by subtracting from the monthly rate the amount paid in respect of Accident Compensation for the appropriate period. Make up pay shall only be payable in accordance with the appropriate Workers’ Compensation Act or Ordinance as amended from time to time. 2.8.3 The Employer may require the Employee to declare all workers compensation claims made in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared, the Employer may require the Employee to forfeit their entitlement 39.1 Entitlement to accident make make-up pay under this clause.pay 2.8.4 The Employer may at any time, so long as the incapacity continues, require the Employee 39.1.1 Where an employee becomes entitled to provide satisfactory evidence of such incapacity and the cause thereof. 2.8.5 Nothing in this clause overrides the Employee’s rights weekly compensation payments under the Accident Compensation Act 19851985 (“the AC Act”), the Company will pay to the employee an amount equivalent to the difference between; 39.1.1.1 the level of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated and 39.1.1.2 the amount that would have been payable under this Agreement for the classification of work if the employee had been performing their normal duties, provided that the rate will exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments. 39.2 Accident make-up pay will not apply; 39.2.1 for any injury during the first five working days of incapacity. 39.2.2 to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks. 39.3 Entitlement to accident make-up pay continues (subject to clause 39.5) on termination of an employee’s employment where such termination; 39.3.1 is by the Company other than for reasons of the employee’s serious and/or wilful misconduct; or 39.3.2 arises from a declaration of liquidation of the Company, in which case the employee’s entitlement in the absence of agreement will be referred to FWA. 39.4 Industrial disease contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration will not be subject to the accident make-up pay unless the employee has been employed with the Company at the time of the incapacity for a minimum period of one month. 39.5 Maximum period of payment 5.1 The maximum period or aggregate period of accident make-up pay to be made by the Company will be a total of thirty nine (39) weeks for any one injury. 39.6 Variation in compensation rates 6.1 Any changes in compensation rates under the AC Act will not increase the amount of accident make-up pay above the amount that would have been payable had the rates of compensation remained unchanged.

ACCIDENT MAKE-UP PAY. This The provisions of this clause shall will apply to all Employees in respect of incapacity, which results from an injury received on or after 19 March 1990. The circumstances under which an Employee shall qualify for full-time and part-time employees only. 32.1 Entitlement to accident make make-up pay shall be as prescribed hereunder: 2.8.1 If the Employee sustains Where an injury in the course of employment for the Employer for which Accident Compensation, in accordance with the appropriate legislation, is payable, the Employee shall have the amount paid by the Accident Compensation provisions made up employee becomes entitled to the Employee’s pre-injury annual salary, until such incapacity ceases, or until the expiration of a period of 39 weeks from the date of injury, whichever occurs first. 2.8.2 The level to which make up pay is provided shall be calculated by dividing the annual salary by 12 to arrive at the monthly rate and by subtracting from the monthly rate the amount paid in respect of Accident Compensation for the appropriate period. Make up pay shall only be payable in accordance with the appropriate Workers’ Compensation Act or Ordinance as amended from time to time. 2.8.3 The Employer may require the Employee to declare all workers weekly compensation claims made in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared, the Employer may require the Employee to forfeit their entitlement to accident make up pay under this clause. 2.8.4 The Employer may at any time, so long as the incapacity continues, require the Employee to provide satisfactory evidence of such incapacity and the cause thereof. 2.8.5 Nothing in this clause overrides the Employee’s rights payments under the Accident Compensation Act 1985, Xxxxx will pay to the employee an amount equivalent to the difference between; 32.1.1 the level of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated and 32.1.2 the amount that would have been payable under this Agreement for the classification of work if the employee had been performing their normal duties, provided that the rate will exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments. 32.2 Accident make-up pay will not apply; 32.2.1 for any injury during the first five working days of incapacity. 32.2.2 to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks. 32.3 Entitlement to accident make-up pay continues (subject to clause 32.4) on termination of an employee’s employment where such termination; 32.3.1 is by Chubb other than for reasons of the employee’s serious and/or wilful misconduct; or 32.3.2 arises from a declaration of liquidation of Chubb, in which case the employee’s entitlement in the absence of agreement will be referred to the AIRC. 32.4 Industrial disease contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration will not be subject to the accident make-up pay unless the employee has been employed with Chubb at the time of the incapacity for a minimum period of one month. 32.5 Maximum period of payment 32.6 Variation in compensation rates Any changes in compensation rates under the Act will not increase the amount of accident make-up pay above the amount that would have been payable had the rates of compensation remained unchanged.

ACCIDENT MAKE-UP PAY. This clause shall apply to all Employees in respect of incapacity, which results from an injury received on or after 19 March 1990. The circumstances under which an Employee shall qualify for Company will provide accident make up pay shall be as prescribed hereunder: 2.8.1 If payments to 100% of pre injury average weekly earnings where the Employee sustains employee receives an injury in the course of employment for the Employer for which Accident Compensation, in accordance with weekly payments of compensation are payable by or on behalf of the appropriate legislation, is payable, the Employee shall have the amount paid by the Accident Compensation provisions made up employer pursuant to the Employee’s pre-injury annual salary, until such incapacity ceases, or until provisions of the expiration of a period of 39 weeks from the date of injury, whichever occurs first. 2.8.2 The level to which make up pay is provided shall be calculated by dividing the annual salary by 12 to arrive at the monthly rate and by subtracting from the monthly rate the amount paid in respect of Accident Compensation for the appropriate period. Make up pay shall only be payable in accordance with the appropriate Workersrelevant workers’ Compensation Act or Ordinance compensation legislation as amended from time to time, where the company fail to maintain a valid income protection policy as outlined in clause 39. The employer shall pay accident pay as defined in this clause, during the incapacity of their employee/s arising from any one work – related injury, for a total of one hundred and four (104) weeks – irrespective of whether such incapacity is in one continuous period or not. The provisions of this Clause will not result in any ‘double dipping’ in respect to benefits payable to an employee. The liability of the employer to pay accident pay in accordance with this Clause will arise as at the date of the injury or accident in respect of which compensation is payable under the said relevant workers’ compensation legislation and the termination of the Employee’s employment (other than for the reason of genuine redundancy due to Project completion) during the period of incapacity will in no way affect the liability of the Employer to pay accident pay as provided in this clause. RETURN TO WORK/ REHABILITATION PURPOSE (a) The primary aim of this clause is to return ill and injured workers to their full working potential at the job for which they were originally employed, or such other job as is within their capacity, as soon as it is safe to do so. 2.8.3 (b) If a dispute arises over any matter dealt with in this clause, either party has recourse to conciliation and arbitration under the dispute settlement procedure. In recognition of the importance of the proper rehabilitation of ill or injured workers, anything arising under this clause that is the subject of a dispute will not be implemented until the dispute is resolved JOB PROTECTION (a) Where an employee is receiving income protection or worker’s compensation payments, the employee will not be dismissed by the Company before the expiry of a period of 104 weeks from the date the employee last attended work unless by genuine redundancy eg. Redundancy due to project completion. (b) Where an employee is unable to fully return to the job they were employed to do, the employer will consult with the employee and their nominated representative before making a decision to dismiss the employee. Consultation will focus on alternative arrangements that could be implemented to avoid dismissal, including employment in another role that the employee can perform and making reasonable adjustments to the employee’s original role. The Employer may require employer will not unreasonably refuse to implement such alternative arrangements. RETURN TO WORK COMMITMENT (a) The employer, the Employee to declare all workers compensation claims made effected employee, and any representatives shall positively co-operate in the previous five years development and in implementation of a return to work plan (RTW Plan) designed to provide for the event early and effective rehabilitation and return to work of false injured workers under the following guidelines: (i) Injured workers have a right to choose their rehabilitation service providers from a list of 3 agreed to by the RTW Committee or inaccurate information being deliberately and knowingly declaredanother service provider approved by the relevant State Workcover Authority. In the absence of a return to work committee, the Employer may require choose the Employee to forfeit their entitlement to accident make up pay under this clauserehabilitation providers in line with its usual process. 2.8.4 The Employer (ii) If a worker unreasonably refuses to participate in a RTW Plan, Workcover payments may at any time, so long as the incapacity continues, require the Employee to provide satisfactory evidence of such incapacity and the cause thereofbe stopped. 2.8.5 Nothing in this clause overrides the Employee’s rights under the Accident Compensation Act 1985.(iii) The employer will provide appropriate interpreters for workers from a non- English speaking background

ACCIDENT MAKE-UP PAY. This 41.1 The Employer shall pay an employee accident make up pay if the employee receives an injury or suffers an illness for which weekly compensations of payment are payable by or on behalf of the Employer pursuant to the provisions of the Accident Compensation Act 1985 (Vic) and the Accident Compensation (Work Cover) Act 1992 (Vic). 41.2 Accident make up pay means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the Accident Compensation Act 1985 (Vic) and the Accident Compensation (Work Cover) Act 1992 (Vic) and the employee’s weekly ordinary time rate of pay, or in the case of a part-time employee, a ordinary time rate of pay, or where the incapacity is for a period of less than one week, the difference between the amount of compensation and the pro rata ordinary time rate of pay for the period. 41.3 The Employer shall pay or cause to be paid accident make up pay during the incapacity of the employee within the meaning of the Accident Compensation Act 1985 (Vic) and/or the Accident Compensation (Work Cover) Act 1992 (Vic) until: (a) The incapacity ceases; (b) The expiration of a continuous period of: (i) 39 weeks or an aggregate of 39 weeks, whichever occurs first, for Streets Employees; and (ii) 26 weeks for all other employees. 41.4 The liability of the Employer to pay accident make up pay in accordance with this clause shall apply to all Employees arise as at the date of the injury or illness in respect of incapacitywhich compensation is payable. 41.5 The termination of the employee’s employment for any reason during the period of any incapacity shall not affect the liability of the Employer to pay accident make up pay as provided in this clause, which results from an injury received save that if the termination is on or after 19 March 1990. The circumstances under which an Employee account of serious and wilful misconduct of the employee, payment shall qualify for not continue beyond the date of termination. 41.6 In the event the employee receives a lump sum in redemption of weekly payments, the liability of the Employer to pay accident make up pay shall be as prescribed hereunder: 2.8.1 If the Employee sustains an injury in the course of employment for the Employer for which Accident Compensation, in accordance with the appropriate legislation, is payable, the Employee shall have the amount paid by the Accident Compensation provisions made up to the Employee’s pre-injury annual salary, until such incapacity ceases, or until the expiration of a period of 39 weeks cease from the date of injury, whichever occurs firstredemption. 2.8.2 41.7 Notwithstanding the provisions of this clause: (a) The level liability to which make up pay is provided shall be calculated by dividing the annual salary by 12 to arrive at the monthly rate and by subtracting from the monthly rate the amount paid in respect of Accident Compensation for the appropriate period. Make up pay shall only be payable in accordance with the appropriate Workers’ Compensation Act or Ordinance as amended from time to time. 2.8.3 The Employer may require the Employee to declare all workers compensation claims made in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared, the Employer may require the Employee to forfeit their entitlement to accident make up pay under this clause. 2.8.4 The Employer may to any casual, limited tenure or employees who retire (including Streets Employees), shall cease at any time, so long as the incapacity continues, require the Employee to provide satisfactory evidence expiration of such incapacity engagement or 26 weeks, whichever is the lesser period; and (b) Where an employee (including a Streets Employee) had given notice of his or her intention to retire and is injured prior to the cause thereofnotified date of retirement, the liability to pay make up accident pay shall cease at the date on which the employee was due to retire or 26 weeks, whichever is the lesser period. 2.8.5 Nothing in this clause overrides the Employee’s rights under the Accident Compensation Act 1985.