Award of benefits Sample Clauses

Award of benefits. (1) The competent institution shall calculate the amount of the benefit that would be due: (a) under the legislation it applies, only where the conditions for entitlement to benefits have been satisfied exclusively under national law (independent benefit); (b) by calculating a theoretical amount and subsequently an actual amount (pro rata benefit), as follows: (i) the theoretical amount of the benefit is equal to the benefit which the person concerned could claim if all the periods of insurance and/or of residence which have been completed under the legislation of the other State had been completed under the legislation it applies on the date of the award of the benefit. If, under this legislation, the amount does not depend on the duration of the periods completed, that amount shall be regarded as being the theoretical amount; (ii) the competent institution shall then establish the actual amount of the pro rata benefit by applying to the theoretical amount the ratio between the duration of the periods completed before materialisation of the risk under the legislation it applies and the total duration of the periods completed before materialisation of the risk under the legislations of both States concerned. (2) Where appropriate, the competent institution shall apply, to the amount calculated in accordance with points (a) and (b) of paragraph 1, all the rules relating to reduction, suspension or withdrawal, under the legislation it applies, within the limits provided for by Articles 50 to 52. (3) The person concerned shall be entitled to receive from the competent institution of each State the higher of the amounts calculated in accordance with points (a) and (b) of paragraph 1. (4) Where the calculation pursuant to point (a) of paragraph 1 in one State invariably results in the independent benefit being equal to or higher than the pro rata benefit, calculated in accordance with point (b) of paragraph 1, the competent institution shall waive the pro rata calculation, provided that: (a) such a situation is set out in Part 1 of Annex 3; (b) no legislation containing rules against overlapping, as referred to in Articles 50 and 52, is applicable unless the conditions laid down in Article 52(2) are fulfilled; and (c) Article 54 is not applicable in relation to periods completed under the legislation of the other State in the specific circumstances of the case. (5) Notwithstanding paragraphs 1, 2 and 3, the pro rata calculation shall not apply to schemes provid...
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Award of benefits. 1. A person who has acquired the entitlement to benefits under the legislation of one Contracting State shall receive in the territory of the other Contracting State - benefits in kind from the institution of the other Contracting State according to its legislation as if he/she were insured there, but only to the extent necessary, if the health condition of the person in question calls for the immediate provision of such benefits; - cash benefits directly from the competent institution of the first Contracting State according to its legislation. 2. Benefits in kind may be awarded in the territory of the other Contracting State even beyond the necessary extent mentioned in paragraph 1 with the consent of the competent institution of the first Contracting State. 3. The provision of prosthesis appliances and other substantial benefits in kind is always conditional upon the consent of the competent institution of the first Contracting State excluding cases where the provision is essential and urgent owing to the risk of life or health of the entitled person.
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Award of benefits. Pro rata temporis” calculation) 1. Where the person concerned fulfils the conditions under the legislation of one Contracting States for entitlement to a benefit, without taking into account the periods of insurance completed under the legislation of the other Contracting State, the competent institution shall calculate the benefit solely on the basis of the periods completed under the legislation it applies. 2. Where the person concerned fulfils the conditions for entitlement to a benefit, under the legislation of either Contracting State taking into account only the provisions of the Article 18, the competent institution shall calculate the benefit as follows: a) it shall be calculated the theoretical amount of the benefit payable as if all the periods were completed under the legislation it applies; b) where the amount of benefit does not depend on the length of the periods completed, the amount shall be considered to be the theoretical amount referred to in the sub-paragraph a); c) it shall be subsequently calculated the actual amount of the benefit payable by it to the person concerned on the basis of the theoretical amount calculated in accordance with the provisions of sub-paragraph a) or of sub-paragraph b), as appropriate, and in proportion to the relationship between the periods completed before the contingency occurred under the legislation it applies and the total of the periods completed before contingency occurred under the legislation of both Contracting States; 3. For the establishment of the basis of calculation of the benefit shall be excluded the periods of insurance completed under the legislation of the other Contracting State. 4. Where the amount of benefit shall be calculated with regard to the number of members of the family or the survivors of that person, the competent institution shall take into account the members of the family or survivors residing in the territory of the other Contracting State.
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Award of benefits. The aggregation of periods for the purpose of calculating benefit is based on the principle that the amount of a benefit, particularly a pension, payable under contributory and certain non-contributory schemes may depend on the length of the periods completed. The majority of instruments stipulate a generally accepted co-ordination approach (the so-called "pro rata" method), whereby the competent institution of each contracting state concerned determines the theoretical amount of the pension which would be payable to the person concerned under the legislation it applies, if all the periods taken into account under the aggregation principle had been completed under that legislation, and then calculates the amount actually payable by itself on the basis of the periods completed under this legislation as a proportion of the total periods completed under the various countries’ legislation to which the person concerned has been subject. However, when a contracting state’s legislation stipulates that the amount of the pension is proportional to the length of the periods completed, the state’s competent institution may calculate the pension directly. Moreover, if the amount which the person concerned may claim under a contracting state’s legislation is greater than the sum of the elements of the pension calculated on a proportional basis, a supplement equal to the difference must be paid by the competent institution which applies this legislation. However, it should be noted that some bilateral instruments do not always use this system. In the absence of this safeguard, they allow those concerned to opt for the separate payment of pensions payable under the various countries’ legislation to which they have been subject, instead of joint payment. But in another case it is always allowed. The two alternatives for the calculation of benefits take that into account. Whereas in both alternatives the national entitlement is guaranteed if the application of Article 20 is not necessary for the entitlement to benefit, the two alternatives give different solutions for the other cases; alternative 1 provides for the "pro rata" calculation whereas alternative 2 enables a direct calculation without the necessity to know the exact amount of the periods of insurance of the other country. Examples: Qualifying period National calculation State A: 10 years 15 years 30% basic amount State B: 20 years 1% for each year A: Theoretical amount 30% + (20 + 10) x 1% = 60% Benefit payable ...
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Award of benefits. 1. A person who has acquired the entitlement to benefits under the legislation of one Contracting State shall receive in the territory of the other Contracting State a) benefits in kind from the institution of the other Contracting State according to its legislation as if he/she were insured there, but only to the extent necessary, if the health condition of the person in question calls for the immediate provision of such benefits; b) cash benefits directly from the competent institution of the first Contracting State according to its legislation. 2. Benefits in kind may be awarded in the territory of the other Contracting State even beyond the necessary extent mentioned in paragraph 1 with the consent of the competent institution of the first Contracting State.
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Award of benefits. Certain benefits awarded through the Starwood Preferred Guest program (“SPG”), including Starpoints and eligible nights (collectively, “Benefits”), are available for business contracted through the sales and catering departments of participating Starwood hotels. Group acknowledges that such Benefits have been offered in connection with this Agreement, and Group consents to the awarding of Benefits to the individual(s) listed below (each a “Group Recipient”). Once Group has departed the Hotel’s facilities and full payment is received by Hotel, Benefits will be awarded to the Group Recipients in accordance with the SPG terms and conditions xxxx://xxx.xxxxxxxxxxxxxx.xxx/preferredguest/legal/spg_terms.html (the “SPG T&Cs”). Xxxxxxx XxXxxxx 441158351022 Each Group Recipient will earn (a) an amount of Starpoints based on (i) his or her status in SPG and (ii) the total amount of eligible event charges that are paid for the Event (“Event Charges”) divided by the number of Group Recipients and (b) an amount of eligible nights based on the total number of guest rooms paid for under this Agreement (“Paid Rooms”) divided by the number of Group Recipients, in each case, subject to the SPG T&Cs.
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Award of benefits. In case of accidents at work and occupational diseases the Articles 6 to 8 of the Arrangement shall be used analogically.
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Award of benefits. Occupational injuries and diseases benefits shall be granted by the competent institution of the Contracting State whose legislation was applicable to person in the moment when the occupational injuries occurred or the period when the person has been engaged in an occupation liable to cause an occupational disease. The institution of the other Contracting State shall only grant benefits in case of ordinary disease or injury out of work, under the legislation applicable, taking into account the provision of this Agreement.
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Related to Award of benefits

  • Retention of Benefits Union leave under the following four (4) sections will be unpaid. The Employer will maintain regular pay and xxxx the Union for the costs of the employee’s salary and benefits. If the Union member is part-time or casual, and the leave is greater than their normal work hours, the Employer will pay the employee for the full length of the leave requested by the Union. The Employer will xxxx the Union for these days as noted above. The Union will pay these invoices within twenty-eight (28) days. Union leave is not unpaid leave for the purposes of Article 22.02 [i.e. such leave will not affect the employee’s benefits, seniority or increment anniversary date].

  • Payment of Benefits All or part of the contract benefits may be paid under one or more of the following: - a variable payment plan; - a fixed payment plan; or - in cash. The provisions and rate for variable and fixed payment plans are described in Section 11. Contract benefits may not be placed under a payment plan unless the plan would provide to each beneficiary a monthly income the initial amount of which is at least the minimum payment amount shown on page 4. A Withdrawal Charge will be deducted from contract benefits before their payment under certain conditions described in Section 7.3.

  • Duration of Benefits Eligibility for Income Protection benefits will cease upon the earliest of the following dates: 1.09.01 the date the member is no longer disabled from performing the duties of their regular position, or any alternative employment made available to the member by the City. 1.09.02 the date the member's Income Protection benefits have been expended. 1.09.03 the date the member dies.

  • Forfeiture of Benefits This Agreement is subject to termination by Company at any time and without stated cause prior to the date the Executive attains age 65, or such earlier date as the Executive and Company may mutually agree (the “Vesting Date”). In the event Company shall terminate this Agreement prior to the Vesting Date, Executive shall forfeit all rights to receive any payment provided for herein. Likewise, in the event Executive’s employment is terminated prior to his Vesting Date, either voluntarily or involuntarily, for reasons other than his death, Executive shall forfeit all rights to receive any payment provided for herein. Executive acknowledges and agrees that, prior to the earlier of his death or Vesting Date, nothing contained herein shall be construed as conferring upon Executive any vested benefits or any vested rights to receive any payment provided for herein.

  • Payment of Benefit The Company shall pay the annual benefit to the Executive in 12 equal monthly installments commencing with the month following the Executive’s Normal Retirement Date, paying the annual benefit to the Executive for a period of 15 years.

  • Termination of Benefits Except as provided in Section 2 above or as may be required by law, Executive’s participation in all employee benefit (pension and welfare) and compensation plans of the Company shall cease as of the Termination Date. Nothing contained herein shall limit or otherwise impair Executive’s right to receive pension or similar benefit payments that are vested as of the Termination Date under any applicable tax-qualified pension or other plans, pursuant to the terms of the applicable plan.

  • Denial of Benefits Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to: (a) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of a third State and the enterprise has no substantive business activities in the territory of the other Party; or (b) investors of the other Party where the investment is being made by a enterprise that is owned or controlled by persons of the denying Party.

  • Payment in Lieu of Benefits a) All employees not transferred to the Trust who received pay in lieu of benefits under a collective agreement in effect as of August 31, 2014, shall continue to receive the same benefit.

  • Cessation of Benefits An employee shall cease to be eligible for benefits of this Plan at the earliest of the following dates: (a) at the end of the month in which the employee reaches his/her sixty-fifth (65th) birthday; (b) on the date of commencement of paid absence prior to retirement; (c) on the date of termination of employment with the Employer. Benefits will not be paid when an employee is serving a prison sentence. Cessation of active employment as a regular employee shall be considered termination of employment except when an employee is on authorized leave of absence with or without pay.

  • Limitation of Benefits (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any benefit, payment or distribution by the Company or any of its direct and/or indirect subsidiaries to or for the benefit of Employee (whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, but determined without regard to any additional payments required under this Section 18) (such benefits, payments or distributions are hereinafter referred to as “Payments”) would, if paid, be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then, prior to the making of any Payments to Employee, a calculation shall be made comparing (i) the net after-tax benefit to Employee of the Payments after payment by Employee of the Excise Tax, to (ii) the net after-tax benefit to Employee if the Payments had been limited to the extent necessary to avoid being subject to the Excise Tax. If the amount calculated under (i) above is less than the amount calculated under (ii) above, then the Payments shall be limited to the extent necessary to avoid being subject to the Excise Tax (the “Reduced Amount”). The reduction of the Payments due hereunder, if applicable, shall be made by first reducing cash Payments and then, to the extent necessary, reducing those Payments having the next highest ratio of Parachute Value to actual present value of such Payments as of the date of the change of control, as determined by the Determination Firm (as defined in Section 18(b) below). For purposes of this Section 18, present value shall be determined in accordance with Section 280G(d)(4) of the Code. For purposes of this Section 18, the “Parachute Value” of a Payment means the present value as of the date of the change of control of the portion of such Payment that constitutes a “parachute payment” under Section 280G(b)(2) of the Code, as determined by the Determination Firm for purposes of determining whether and to what extent the Excise Tax will apply to such Payment. (b) All determinations required to be made under this Section 18, including whether an Excise Tax would otherwise be imposed, whether the Payments shall be reduced, the amount of the Reduced Amount, and the assumptions to be used in arriving at such determinations, shall be made by an independent, nationally recognized accounting firm or compensation consulting firm mutually acceptable to the Company and Employee (the “Determination Firm”) which shall provide detailed supporting calculations both to the Company and Employee. All fees and expenses of the Determination Firm shall be borne solely by the Company. Any determination by the Determination Firm shall be binding upon the Company and Employee. As a result of the uncertainty in the application of Section 4999 of the Code at the time of the initial determination by the Determination Firm hereunder, it is possible that Payments hereunder will have been unnecessarily limited by this Section 18 (“Underpayment”), consistent with the calculations required to be made hereunder. The Determination Firm shall determine the amount of the Underpayment that has occurred and any such Underpayment shall be promptly paid by the Company to or for the benefit of Employee, but no later than March 15 of the year after the year in which the Underpayment is determined to exist, which is when the legally binding right to such Underpayment arises.

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