Benefit Hours Sample Clauses

Benefit Hours. A Benefit Hour is determined as follows. (a) A Benefit Hour is each hour for which an Employee is paid, or entitled to payment, for the performance of duties as a Covered Employee for the Participating Companies during the applicable computation period. (b) A Benefit Hour is each hour for which an Employee is paid, or entitled to payment by the Participating Companies as a Covered Employee on account of a period during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, Incapacity, lay-off, jury duty, military duty or leave of absence. Notwithstanding the preceding sentence: (1) An hour for which a Covered Employee is directly or indirectly paid, or entitled to payment, on account of a period during which no duties are performed is not required to be credited to him or her if such payment is made or due under a plan maintained solely for the purpose of complying with applicable workmen’s compensation, or unemployment compensation or disability insurance laws; and (2) Benefit Hours are not required to be credited for a payment that reimburses an Employee solely for medical or medically related expenses incurred by the Employee. (c) For purposes of (b), a payment is deemed to be made by or due from the Participating Companies regardless of whether the payment is made by or due from the Participating Companies directly, or indirectly through, among others, a trust, fund, or insurer to which the Participating Companies contribute or pay premiums and regardless of whether contributions made or due to the trust, fund, insurer or other entity are for the benefit of particular Employees or are on behalf of a group of Employees in the aggregate. (d) A Benefit Hour is each hour for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Participating Companies with respect to a period during which the individual was a Covered Employee. The same Benefit Hours shall not be credited both under (a) or (b), as the case may be, and under this subsection (d). Thus, for example, a Covered Employee who receives a back pay award following a determination that he or she was paid at an unlawful rate for Benefit Hours previously credited will not be entitled to additional credit for the same Benefit Hours. (e) A Benefit Hour includes any other hour that must be credited for benefit purposes under Department of Labor Regulations at 29 C.F.R. § 2530.200b-2, or any...