Common use of Determination of Disability Clause in Contracts

Determination of Disability. The Plan Administrator shall require a Participant to establish that he or she is disabled in order to obtain a distribution under the Plan by reason of such Disability. The Adoption Agreement shall specify the evidence which a Participant shall be required to provide to the Plan Administrator in order to establish Disability. The Adoption Agreement shall specify which of the following shall apply: (1) A Participant shall furnish to the Plan Administrator evidence that the federal Social Security Administration has determined that the Participant is eligible to receive total disability benefits under the federal Social Security Act; or (2) A Participant shall furnish to the Plan Administrator certification of such Disability from a licensed doctor of medicine on a form to be provided by the Plan Administrator; or (3) A Participant shall furnish to the Plan Administrator certification of such Disability, obtained separately from at least two licensed doctors of medicine, on a form provided by the Plan Administrator; or (4) A Participant shall be required to obtain a certification of such Disability from one or more licensed doctors of medicine. The Employer shall designate the doctor or doctors from whom the Participant shall obtain such certification. In the event that the Participant is required to obtain such certification of Disability from a doctor or doctors designated by the Employer, the Employer shall bear the cost incurred by obtaining such certification by such doctor or doctors. The preceding notwithstanding, the Adoption Agreement may specify a type or degree of certification required to establish a Disability other than those stated in (1) through (4) above. In the event the Adoption Agreement does not specify the type or degree of certification required to establish a Disability, paragraph (1) above shall apply.