Common use of Disability Payments Clause in Contracts

Disability Payments. If during the Term and prior to the delivery of any notice of termination of employment pursuant to Section 4, you become physically or mentally disabled, whether totally or partially, so that you are unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment, which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, the Company shall, nevertheless, continue to pay your full compensation (including Bonus) through the last day of the sixth consecutive month of disability or the date on which any shorter periods of disability shall have equaled a total of six months in any twelve-month period (such last day or date being referred to herein as the “Disability Date”), in lieu of or offset by any payments received by you from Worker’s Compensation insurance, Social Security, and short- or long-term disability insurance benefits maintained by the Company; provided that, if you die prior to the Disability Date, you are not entitled to any further payments after such date, except as provided in Section 6 below. If you have not resumed your usual duties on or prior to the Disability Date, the Company shall terminate your employment effective as of the Disability Date and pay you a pro rata Bonus based on actual achievement of the performance criteria established for the Company, provided that your individual performance score shall be equal to the Company’s performance score, for the year in which the Disability Date occurs. Thereafter the Company shall pay you disability benefits for a period of time equal to the Severance Period defined in Section 4.2.2 (the “Disability Period”), in an annual amount equal to 75% of your Base Salary and Target Bonus in effect as of the Disability Date. All payments pursuant to this Section 5.1 shall be made at the times specified in Section 4.5 (Payments).

Appears in 3 contracts

Samples: Employment Agreement (Time Warner Cable Inc.), Employment Agreement (Time Warner Cable Inc.), Employment Agreement (Time Warner Cable Inc.)

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Disability Payments. If during the Term and prior to the delivery of any notice of termination of employment pursuant to Section 4, you become physically or mentally disabled, whether totally or partially, so that you are unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment, which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, the Company shall, nevertheless, continue to pay your full compensation (including Bonus) through the last day of the sixth consecutive month of disability or the date on which any shorter periods of disability shall have equaled a total of six months in any twelve-month period (such last day or date being referred to herein as the “Disability Date”), in lieu of or offset by any payments received by you from Worker’s Compensation insurance, Social Security, and short- or long-term disability insurance benefits maintained by the Company; provided that, if you die prior to the Disability Date, you are not entitled to any further payments after such date, except as provided in Section 6 below. If you have not resumed your usual duties on or prior to the Disability Date, the Company shall terminate your employment effective as of the Disability Date and pay you a pro rata Bonus based on actual achievement of the performance criteria established for the CompanyCompany (and the relevant Line of Business, if applicable), provided that your that, if applicable, any criteria based on individual performance score shall be equal deemed satisfied to the same extent as the performance criteria based on Company performance (and the relevant Line of Business performance, if applicable) or, if multiple performance criteria are used, the weighted average of such performance criteria, as determined by the Company’s performance score, for the year in which the Disability Date occurs. Thereafter the Company shall pay you disability benefits for a period of time equal to the Severance Period defined in Section 4.2.2 (the “Disability Period”), in an annual amount equal to the greater of 75% of your Base Salary and Target Bonus in effect as of the Disability Date or 75% of your Base Salary and Target Bonus in effect as of the Effective Date. All payments pursuant to this Section 5.1 shall be made at the times specified in Section 4.5 (Payments).

Appears in 2 contracts

Samples: Employment Agreement (Time Warner Cable Inc.), Employment Agreement (Time Warner Cable Inc.)

Disability Payments. If during the Term and prior to the delivery of any notice of termination of employment pursuant to Section 4, you become physically or mentally disabled, whether totally or partially, so that you are unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment, which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, the Company shall, nevertheless, continue to pay your full compensation (including Bonus) through the last day of the sixth consecutive month of disability or the date on which any shorter periods of disability shall have equaled a total of six months in any twelve-month period (such last day or date being referred to herein as the “Disability Date”), in lieu of or offset by any payments received by you from Worker’s Compensation insurance, Social Security, and short- or long-term disability insurance benefits maintained by the Company; provided that, if you die prior to the Disability Date, you are not entitled to any further payments after such date, except as provided in Section 6 below. If you have not resumed your usual duties on or prior to the Disability Date, the Company shall terminate your employment effective as of the Disability Date and pay you a pro rata Bonus based on actual achievement of the performance criteria established for the CompanyAccrued Benefits. Thereafter, provided that your individual performance score shall be equal to the Company’s performance score, for the year in which the Disability Date occurs. Thereafter the Company shall pay you disability benefits for a period of time equal to the Severance Period defined in Section 4.2.2 (the “Disability Period”), in an annual amount equal to the greater of 75% of your Base Salary and Target Bonus in effect as of the Disability Date or 75% of your Base Salary and Target Bonus in effect as of the Effective Date. All payments pursuant to this Section 5.1 shall be made at the times specified in Section 4.5 (Payments).

Appears in 1 contract

Samples: Employment Agreement (Time Warner Cable Inc.)

Disability Payments. If during the Term and prior to the delivery of any notice of termination of employment pursuant to Section 4, you become physically or mentally disabled, whether totally or partially, so that you are unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment, which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, the Company shall, nevertheless, continue to pay your full compensation (including Bonus) through the last day of the sixth consecutive month of disability or the date on which any shorter periods of disability shall have equaled a total of six months in any twelve-month period (such last day or date being referred to herein as the “Disability Date”), in lieu of or offset by any payments received by you from Worker’s Compensation insurance, Social Security, and short- or long-term disability insurance benefits maintained by the Company; provided that, if you die prior to the Disability Date, you are not entitled to any further payments after such date, except as provided in Section 6 below. If you have not resumed your usual duties on or prior to the Disability Date, the Company shall terminate your employment effective as of the Disability Date and pay you a pro rata Bonus based on actual achievement of the performance criteria established for the Company, provided that that, if applicable, your individual performance score shall be equal to the Company’s performance scorescore or, if multiple performance measures are used, the weighted average of the Company’s performance scores for the year in which the Disability Date occurs. Thereafter the Company shall pay you disability benefits for a period of time equal to the Severance Period defined in Section 4.2.2 (the “Disability Period”), in an annual amount equal to 75% of your Base Salary and Target Bonus in effect as of the Disability Date. All payments pursuant to this Section 5.1 shall be made at the times specified in Section 4.5 (Payments).

Appears in 1 contract

Samples: Employment Agreement (Time Warner Cable Inc.)

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Disability Payments. If during the Term and prior to the delivery of any notice of termination of employment pursuant to Section 4, you become physically or mentally disabled, whether totally or partially, so that you are unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment, which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, the Company shall, nevertheless, continue to pay your full compensation (including Bonus) through the last day of the sixth consecutive month of disability or the date on which any shorter periods of disability shall have equaled a total of six months in any twelve-month period (such last day or date being referred to herein as the “Disability Date”), in lieu of or offset by any payments received by you from Worker’s Compensation insurance, Social Security, and short- or long-term disability insurance benefits maintained by the Company; provided that, if you die prior to the Disability Date, you are not entitled to any further payments after such date, except as provided in Section 6 below. If you have not resumed your usual duties on or prior to the Disability Date, the Company shall terminate your employment effective as of the Disability Date and pay you a pro rata Bonus based on actual achievement of the performance criteria established for the Company, provided that that, if applicable, your individual performance score shall be equal to the Company’s performance scorescore or, if multiple performance measures are used, the weighted average of the Company’s performance scores for the year in which the Disability Date occurs. Thereafter the Company shall pay you disability benefits for a period of time equal to the Severance Period defined in Section 4.2.2 (the “Disability Period”), in an annual amount equal to the greater of 75% of your Base Salary and Target Bonus in effect as of the Disability Date or 75% of your Base Salary and Target Bonus in effect as of the Effective Date. All payments pursuant to this Section 5.1 shall be made at the times specified in Section 4.5 (Payments).

Appears in 1 contract

Samples: Employment Agreement (Time Warner Cable Inc.)

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