Common use of DISABILITY AND UNEMPLOYMENT Clause in Contracts

DISABILITY AND UNEMPLOYMENT. 6.1(a) Supplemental Benefits for Industrial Injury: Whenever any Regular employee, who has completed their initial probationary period, and who is a member of the Public Employees’ Retirement System is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee’s duties, which comes within the application of the Workers’ Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled to compensation at the rate of eighty-five percent (85%) of the employee’s regular salary, in lieu of temporary disability payments, if any, which would be payable under the State Labor Code, for the period of such disability but not exceeding six (6) months, or until such earlier date as the employee is retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at the rate of eighty-five percent (85%) of regular salary, any Regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefits at the rate of seventy percent (70%) of the employee’s regular salary for the period of such disability but not exceeding six (6) months or until such earlier date as the employee is retired on permanent disability pension through the Public Employees’ Retirement System. In consideration of this benefit, the Regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers’ Compensation, employee group health and welfare insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. Whenever any employee is released for light duty work and such employee declines such light duty employment, the employee will thereby waive any and all rights to supplemental benefits for industrial injury as set forth above. Whenever there is reason to suspect any employee of abusing the employee’s rights to workers’ compensation benefits, the parties shall cooperate in controlling such employee abuse.

DISABILITY AND UNEMPLOYMENT. 6.1(a) Supplemental Benefits for Industrial Injury: Whenever any Regular employee, who has completed their initial probationary period, and who is a member of the California Public Employees’ Retirement System (CalPERS) is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee’s duties, which comes within the application of the Workers’ Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled to compensation at the rate of eighty-five percent (85%) of the employee’s regular salary, in lieu of temporary disability payments, if any, which would be payable under the State Labor Code, for the period of such disability but not exceeding six (6) months, or until such earlier date as the employee is retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at the rate of eighty-five percent (85%) of regular salary, any Regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefits at the rate of seventy percent (70%) of the employee’s regular salary for the period of such disability but not exceeding six (6) months or until such earlier date as the employee is retired on permanent disability pension through the California Public Employees’ Retirement SystemSystem (CalPERS). In consideration of this benefit, the Regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers’ Compensation, employee group health and welfare insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. Whenever any employee is released for light duty work and such employee declines such light duty employment, the employee will thereby waive any and all rights to supplemental benefits for industrial injury as set forth above. Whenever there is reason to suspect any employee of abusing the employee’s rights to workers’ compensation benefits, the parties shall cooperate in controlling such employee abuse.

DISABILITY AND UNEMPLOYMENT. 6.1(a) Supplemental Benefits for Industrial Injury: Whenever any Regular employee, who has completed their initial probationary period, and who is a member of the Public Employees’ Retirement System is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee’s duties, which comes within the application of the Workers’ Compensation and Insurance Chapters of the State Labor Code, the employee shall become entitled to compensation at the rate of eighty-five percent (85%) of the employee’s regular salary, in lieu of temporary disability payments, if any, which would be payable under the State Labor Code, for the period of such disability but not exceeding six (6) months, or until such earlier date as the employee is retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at the rate of eighty-five percent (85%) of regular salary, any Regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefits at the rate of seventy percent (70%) of the employee’s regular salary for the period of such disability but not exceeding six (6) months or until such earlier date as the employee is retired on permanent disability pension through the Public Employees’ Retirement System. In consideration of this benefit, the Regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers’ Compensation, employee group health and welfare insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. Whenever any employee is released for light duty work and such employee declines such light duty employment, the employee will thereby waive any and all rights to supplemental benefits for industrial injury as set forth above. Whenever there is reason to suspect any employee of abusing the employee’s rights to workers’ compensation benefits, the parties shall cooperate in controlling such employee abuse.. (Amended 9/20/11)