Common use of Death Benefit Payment Clause in Contracts

Death Benefit Payment. A. Management shall, at its expense, provide a death benefit payment which will provide a payment in the amount of Forty Thousand Dollars ($40,000) to any employee within the bargaining unit, which benefit shall be payable to the beneficiary or beneficiaries of any such employee whose death does not result from an injury arising out of and in the course of his/her employment with the City. Said benefit shall be payable to the beneficiary or beneficiaries of the employee's choice as designated on the "Designation of Beneficiary" forms which shall be provided by Management and shall be kept on file in the City Personnel Office. Employees shall have the right to change the beneficiary or beneficiaries at any time during their employment with the City by executing a "Change of Beneficiary" form as provided by Management. In case an employee dies and is not survived by a designated beneficiary, or fails to execute a "Designation of Beneficiary" form, said death benefits shall be payable to the administrator or executor of the estate of the deceased employee. All rights to such death benefits shall terminate upon termination of employment by reason of discharge, retirement, resignation or layoff. Termination of employment shall be deemed to occur when an employee ceases to be employed by Management, except that any employee who is granted a leave of absence because of disability or an approved maternity leave will nevertheless be considered still employed. Termination of employment shall not be deemed to include an employee who is under suspension for disciplinary reasons or an employee who shall have been unlawfully dismissed. B. In the event that an employee dies and the employee's death occurs as a result of personal injury arising out of and in the course of his employment with Management and the amount of benefits which would be payable under the Worker's Compensation Act would amount to less than Eighty Thousand Dollars ($80,000), Management shall make a lump sum cash payment equal to the difference between the amount of Eighty Thousand Dollars ($80,000) and the total worker's compensation benefits. Such payment shall be made to the employee's beneficiary or beneficiaries designated on the "Designation of Beneficiary" form provided by Management or to the administrator or executor of the employee's estate in the absence of execution of said form. 1. For the purpose of determining the lump sum cash payment payable under the provisions of this section, Management shall compute the "total worker's compensation benefits" as of the date of the employee's injury under the circumstances and considering the number of dependents at that time. The "total worker's compensation benefits" shall be computed to include (a) the total weekly benefits provided by the Worker's Compensation Act multiplied by the number of weeks payable (presently 500 weeks); (b) medical expenses payable; (c) burial expenses payable; and (d) any disability payments which have been paid or have become due for injury which is the proximate cause of death. 2. For the purpose of computing the "total Worker's Compensation Benefits", the spouse and minor children of the deceased employee, and any person or persons partially dependent upon the deceased employee within the meaning of the Worker's Compensation Act shall be considered wholly dependent upon the deceased employee. 3. During interest based bargaining in 2001, the parties agreed to jointly create a definition for what constitutes death in the line of duty. C. No benefits shall be payable under this section unless written application for such benefits is filed with Management by the beneficiary or beneficiaries of the deceased employee designated on the "Designation of Beneficiary" form or by the administrator or executor of the estate of the said deceased employee within one (1) year after an employee's death or within one (1) year after the beneficiary, beneficiaries, administrator or executor of the estate shall have knowledge or reasonably should have knowledge of their right to make such a claim, whichever occurs later. D. In the event that beneficiary, beneficiaries, or estate of the deceased employee shall be paid benefits under subsection "A" hereof and compensation or benefits are subsequently paid or awarded for the same death to any person or persons as a result of any proceeding instituted under the Worker's Compensation Act, against the City, the beneficiary, beneficiaries, or estate of the deceased employee, as the case may be, shall be liable and shall repay to Management the amount equal to the compensation benefits which are paid or awarded up to the sum of Forty Thousand Dollars ($40,000). E. In the event that an employee dies within two (2) years after coverage is extended to the employee under this Section and Article, and it is determined that the employee's death was due to suicide, no benefits shall be payable to any party or parties under this Section. F. No determination, presumption or findings made by Management in the application of any of the provisions of this Section and Article shall be binding upon Management in any proceeding of the Worker's Compensation Act, nor shall the same be an admission of liability under said Act. G. No action at law or in equity shall be brought by any person or persons to recover under any provision of this Section and Article prior to the expiration of ninety (90) days after application for benefits and proof of death has been filed with Management pursuant to Subsection "C".

Death Benefit Payment. A. Management shall, at its expense, provide a death benefit payment which will provide a payment in the amount of Forty Thousand Dollars ($40,000) cash payment to any each employee within the bargaining unit, unit which benefit shall be payable to the beneficiary or beneficiaries of any such employee whose death does not result from an injury arising out of and in the course of his/her employment with the City. Said benefit shall be payable to the beneficiary or beneficiaries of the employee's choice as designated on the "Designation of Beneficiary" forms form which shall be provided by Management and shall be kept on file in the City Personnel OfficeHuman Resources Department. Employees shall have the right to change the beneficiary or beneficiaries at any time during their employment with the City by executing a "Change of Beneficiary" form as provided by Management. In case an employee dies and is not survived by a designated beneficiary, or fails to execute a "Designation of Beneficiary" form, said death benefits shall be payable to the administrator or executor of the estate of the deceased employee. All rights to such death benefits shall terminate upon termination of employment by reason of discharge, retirement, resignation or layoff. Termination of employment shall be deemed to occur when an employee ceases to be employed by Management, except that any employee who is granted a leave of absence because of disability or an approved maternity leave will nevertheless be considered still employed. Termination of employment shall not be deemed to include an employee who is under suspension for disciplinary reasons or an employee who shall have been unlawfully dismissed. B. In the event that an employee dies and the employee's death occurs as a result of personal injury arising out of and in the course of his his/her employment with Management and the amount of benefits which would be payable under the Worker's Workers' Compensation Act would amount to less than Eighty Forty Thousand Dollars ($80,00040,000), Management shall make a lump sum cash payment equal to the difference between the amount of Eighty Forty Thousand Dollars ($80,00040,000) and the total worker's compensation benefits. Such payment shall be made Workers' Compensation benefits to the employee's beneficiary or beneficiaries designated on the "Designation of Beneficiary" form provided by Management Management, or in the absence of execution of said form, to the administrator or executor of the employee's estate in the absence of execution of said formestate. 1. For the purpose of determining the lump sum cash payment payable under the provisions of this section, Management shall compute the "total worker's compensation Workers' Compensation benefits" as of the date of the employee's injury under the circumstances and considering the number of dependents at that time. The "total worker's compensation Workers' Compensation benefits" shall be computed to include (a) the total weekly benefits provided by the Worker's Workers' Compensation Act multiplied by the number of weeks payable (presently 500 weeks); (b) medical expenses payable; (c) burial expenses payable; and (d) any disability payments which have been paid or have become due for injury which is the proximate cause of death. 2. For the purpose of computing the "total Worker's Compensation Benefits", the spouse and minor children of the deceased employee, and any person or persons partially dependent upon the deceased employee within the meaning of the Worker's Compensation Act shall be considered wholly dependent upon the deceased employee. 3. During interest based bargaining in 2001, the parties agreed to jointly create a definition for what constitutes death in the line of duty. C. No benefits shall be payable under this section unless written application for such benefits is filed with Management by the beneficiary or beneficiaries of the deceased employee designated on the "Designation of Beneficiary" form or by the administrator or executor of the estate of the said deceased employee within one (1) year after an employee's death or within one (1) year after the beneficiary, beneficiaries, administrator or executor of the estate shall have knowledge or reasonably should have knowledge of their right to make such a claim, whichever occurs later. D. In the event that beneficiary, beneficiaries, or estate of the deceased employee shall be paid benefits under subsection "A" hereof and compensation or benefits are subsequently paid or awarded for the same death to any person or persons as a result of any proceeding instituted under the Worker's Compensation Act, against the City, the beneficiary, beneficiaries, or estate of the deceased employee, as the case may be, shall be liable and shall repay to Management the amount equal to the compensation benefits which are paid or awarded up to the sum of Forty Thousand Dollars ($40,000). E. In the event that an employee dies within two (2) years after coverage is extended to the employee under this Section and Article, and it is determined that the employee's death was due to suicide, no benefits shall be payable to any party or parties under this Section. F. No determination, presumption or findings made by Management in the application of any of the provisions of this Section and Article shall be binding upon Management in any proceeding of the Worker's Compensation Act, nor shall the same be an admission of liability under said Act. G. No action at law or in equity shall be brought by any person or persons to recover under any provision of this Section and Article prior to the expiration of ninety (90) days after application for benefits and proof of death has been filed with Management pursuant to Subsection "C".,