Accidental Disability: Work Related Injury/Illness Sample Clauses

Accidental Disability: Work Related Injury/Illness. In the event that an employee hired prior to July 1, 2013 becomes totally and permanently disabled as a natural and proximate result of injuries or illness sustained while in the performance of duty and such disability is not the result of willful negligence or wanton misconduct on the part of the employee and said employee remains away from regular employment with the Department for a period of eighteen (18) months, such employee shall be entitled to receive disability benefits as set forth in this Section. The Town shall direct the Town Council to place such employee on a disability pension as of the day following the employee’s termination date. In the event that an employee shall apply for a disability pension prior to the expiration of the eighteen (18) month period described above, the Town shall consider the reports of the employee’s physician(s) and the Town’s physician. If these physicians are not in agreement with respect to the employee’s application for a disability pension, the provisions of Section 6 below shall govern. Such employee shall be considered to be totally and permanently disabled for purposes of this Section if, after reviewing the pertinent medical reports and other relevant evidence, the Town Council concludes that the said employee is physically or mentally disabled for the performance of duty and such disability is not due to age or length of service.
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Accidental Disability: Work Related Injury/Illness. In the event that an employee hired prior to July 1, 2013 becomes totally and permanently disabled as a natural and proximate result of injuries or illness sustained while in the performance of duty and such disability is not the result of willful negligence or wanton misconduct on the part of the participant, who has been examined by a physician appointed by the Town and remained away from regular employment with the fire department for a period of eighteen (18) months, such participant shall be entitled to receive disability benefits upon being found unfit for duty. The Town shall direct the trustees to place such participant on a disability pension as of the day following the participant's termination date. In the event that a participant shall apply for a disability pension prior to the expiration of the eighteen (18) month period described above, the trustees shall cause the participant to submit to a medical examination as set forth in subsection five (5) below. Such participant shall be considered to be totally and permanently disabled for purposes of this section if the third physician concludes that the said participant is physically or mentally disabled for the performance of duty and such disability is not due to age or length of service.
Sample 1
Accidental Disability: Work Related Injury/Illness. In the event that an employee hired on or after July 1, 2013 becomes totally and permanently disabled as a natural and proximate result of injuries or illness sustained while in the performance of duty and such disability is not the result of willful negligence or wanton misconduct on the part of the participant, who has been examined by a physician appointed by the Town and remained away from regular employment with the fire department for a period of eighteen (18) months, such participant shall be entitled to receive disability benefits upon being found unfit for duty. The Town shall direct the trustees to place such participant on a disability pension as of the day following the participant's termination date. In the event that a participant shall apply for a disability pension prior to the expiration of the eighteen (18) month period described above, the trustees shall cause the participant to submit to a medical examination as set forth in subsection five (5) below. Such participant shall be considered to be totally and permanently disabled for purposes of this section if the third physician concludes that the said participant is physically or mentally disabled for the performance of duty and such disability is not due to age or length of service An employee hired on or after July 1, 2013 remaining in a 401a defined contribution retirement account will be enrolled in both the 401a Plan and an alternate plan for disability pensions. Enrollment in the disability pension plan will be limited to accidental or ordinary disability retirement purposes only. The Town will contribute an additional amount to the disability pension plan in order to fund disability retirements only. The employee will be considered one hundred percent (100%) vested in the 401(a) plan, regardless of years of service. As of the accidental disability date, the total value of the employee’s 401(a) Plan will be used to actuarially determine the monthly annuity value of the account. This calculation will be performed at the Town’s expense by the Town’s pension actuary. Once the monthly annuity value has been determined, the disability pension plan monthly pension payout will be offset by that amount. The Town shall provide an annual cost of living adjustment for accidental disability pensions (total and permanent disability) equal to three percent (3%) non-compounding, which shall begin on January 1 immediately following the retiree’s retirement. For accidental disability pensions which...
Sample 1

Related to Accidental Disability: Work Related Injury/Illness

  • Work-related Injury/Disability An employee who receives an Employer Contribution and who is off the State payroll due to a work-related injury or a work-related disability remains eligible for an Employer Contribution as long as such an employee receives workers' compensation payments. If such employee ceases to receive workers' compensation payments for the injury or disability and is granted a medical leave under Article 10, he/she shall be eligible for an Employer contribution during that leave.

  • Total Disability During a period of total disability an employee must be under the regular and personal care of a legally qualified doctor of medicine. (a) Total disability, as used in this Plan, means the complete inability because of an accident or sickness of a covered employee to perform all the duties of his/her own occupation for the first two (2) years of disability. Thereafter, employees able by reason of education, training or experience to perform the duties of a gainful occupation for which the rate of pay is not less than seventy-five percent (75%) of the current rate of pay of their regular occupation at date of disability will not be considered totally disabled and will therefore not be eligible for benefits under this Long Term Disability Plan. (b) Total disabilities resulting from mental or nervous disorders are covered by the Plan in the same manner as total disabilities resulting from accidents or other sicknesses, except that an employee who is totally disabled as a result of a mental or nervous disorder and who has received twenty-four (24) months of Long Term Disability Plan benefit payments must be confined to a hospital or mental institution or where they are at home, under the direct care and supervision of a medical doctor, in order to continue to be eligible for benefit payments. (1) If an employee becomes totally disabled and during this period of total disability engages in rehabilitative employment, the regular monthly benefit from this plan will be reduced by twenty-five percent (25%) of the employee's earnings from such rehabilitative employment. In the event that income from rehabilitative employment and the benefit paid under this Plan exceed eighty-five percent (85%) of the employee's earnings at date of disability, the benefit from this Plan will be further reduced by the excess amount.

  • Illness or Disability If, because of Employee’s illness or other disability for a continuous period of more than 45 days, Employee is unable to render the services required by the Company as provided herein, the Company may terminate Employee’s employment hereunder by written notice to Employee at least 30 days in advance of such termination. Upon such termination Employee shall not be entitled to any further payments of any nature, except for payment of (a) any earned but unpaid Annual Base Salary, (b) any unpaid bonuses and (c) unreimbursed business expenses (collectively, “Payable Amounts”). All Payable Amounts shall become due and payable on the date of such termination.

  • Death or Total Disability In the event of the death of the Executive during the Term, this Agreement shall terminate as of the date of the Executive's death. In the event of the Total Disability (as that term is defined below) of the Executive for sixty (60) days in the aggregate during any consecutive nine (9) month period during the Term, the Company shall have the right to terminate this Agreement by giving the Executive thirty (30) days' prior written notice thereof, and upon the expiration of such thirty (30) day period, the Executive's employment under this Agreement shall terminate. If the Executive shall resume his duties within thirty (30) days after receipt of such a notice of termination and continue to perform such duties for four (4) consecutive weeks thereafter, this Agreement shall continue in full force and effect, without any reduction in Base Salary and other benefits, and the notice of termination shall be considered null and void and of no effect. Upon termination of this Agreement under this Paragraph 7(a), the Company shall have no further obligations or liabilities under this Agreement, except to pay to the Executive's estate or the Executive, as the case may be, (i) the portion, if any, that remains unpaid of the Base Salary for the Year in which termination occurred, but in no event less than six (6) months' Base Salary; and (ii) the amount of any expenses reimbursable in accordance with Paragraph 4 above, and any automobile allowance due under Paragraph 5 above; and (iii) any amounts due under any Company benefit, welfare or pension plan. Except as otherwise provided by their terms, any stock options not vested at the time of the termination of this Agreement under this Paragraph 7(a) shall immediately become fully vested.

  • By Disability If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

  • Permanent Disability Permanent Disability" shall mean Employee's physical or mental incapacity to perform his or her usual duties with such condition likely to remain continuously and permanently as determined by Employer.

  • Definition of Total Disability Total disability means that the employee is unable, because of sickness or accident, to perform the duties of their regular occupation. This definition applies for the first twenty-four (24) months of payments. After this time, the inability to perform an occupation for which the employee is reasonably fitted by training, education or experience will constitute total disability. It is not required that an employee be confined to home, but they must be under the regular care of a physician.

  • Disability If Executive shall be deemed disabled under the Company’s then existing long-term disability plan, the Board of Directors (or the Chief Executive Officer, as appropriate) may remove Executive from any responsibilities and/or reassign Executive to another position with the Company for the remainder of the Term or during the period of such disability. Notwithstanding any such removal or reassignment, Executive shall continue to receive Executive’s full Base Salary (less any disability pay or sick pay benefits to which Executive may be entitled under the Company’s policies) and benefits under Section 5 of this Agreement (except to the extent that Executive is ineligible for one or more such benefits under applicable plan terms) for a period of up to twelve (12) months, and Executive’s employment may be terminated by the Company at any time thereafter. In the event of such termination, the Executive is entitled to receive payment of the bonus that the Executive would have been entitled to receive under the bonus or other performance plan referred to in Section 4(b) had his employment not been terminated, pro rated for the number of days the Executive was employed by the Company during the relevant period. Such payment shall be made to the Executive at the same time bonuses under such plan are generally paid to other participants. In the event of such termination, the Company shall have no further obligations except to make Executive’s accrued Base Salary and benefit payments contemplated by this Section 6(f) through the date of such termination. If any question shall arise as to whether during any period Executive is disabled so as to be unable to perform the essential functions of Executive’s then existing position or positions with or without reasonable accommodation, Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician (local to the Company’s principal offices) selected by the Company to whom Executive or Executive’s guardian has no reasonable objection as to whether Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and Executive shall fail to submit such certification, the Company’s determination of such issue shall be binding on Executive. Nothing in this Section 6(e) shall be construed to waive Executive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. §00000 et seq.

  • Death or Permanent Disability If Grantee shall die or become permanently disabled while employed by the Company or one of its affiliates, this Option shall expire one (1) year after the date of such death or permanent disability. During such period after death, Grantee's legal representative or representatives, or the person or persons entitled to do so under Grantee's last will and testament or under applicable interstate laws, shall have the right to exercise this Option as to only the number of shares to which Grantee was entitled to purchase on the date of his/her death.

  • Personal Illness or Disability The bargaining unit member may use all or any portion of his/her leave to recover from his/her own illness or disability, or for the illness or disability of any member of his/her immediate family as defined below, which shall include all disabilities caused or contributed to by pregnancy, miscarriage, childbirth and recovery.