Common use of Disability Retirement Benefit Clause in Contracts

Disability Retirement Benefit. The Participant’s Disability Retirement Benefit shall be determined pursuant to Section 3.1.2, based on the Participant’s Years of Credited Service to the date of the Participant’s Disability Retirement. The Disability Retirement payment shall commence with the first day of the month immediately following the expiration of the 13-week period described in Section 4-8 of this Supplement or medical certification of disability, whichever shall be later. Such payment shall also take into account and have deducted therefrom any benefits paid or payable, now or in the future, to the Participant by way of (a) Worker’s Compensation payments; (b) public pension payments (except Social Security Disability and Military pension payments); and (c) 1/2 of any accident or health insurance benefit payment as may be provided by any program as now or in the future made available by the Company or placed in effect by any governmental authority for the benefit of Participants; however, any lump sum award under (a) and (c) above shall not be deducted. Any Participant who shall receive a Disability Retirement Benefit shall be subject to reexamination by a physician of the Company at any time the Company may so request and if, in the opinion of the Company, the Total and Permanent Disability of the Participant shall no longer continue to exist, such Participant’s right to a continuance of Disability Retirement Benefit payment shall cease. Failure or refusal of a Participant to submit to medical examination as requested by the Company shall be cause of cancellation of the Disability Retirement Benefit. Such disabled Participant shall, however, be entitled to Early or Normal Retirement benefit payments upon qualification by the Participant under the requirements set forth in Section 3.1 and Section 3.2. In no event, however, shall any Participant be entitled to receive both a Disability Retirement Benefit and an Early or Normal Retirement Benefit, it being intended that there should be no duplication of retirement benefits.

Appears in 2 contracts

Samples: Union Hourly Employees’ Retirement Plan (FMC Technologies Inc), Employees’ Retirement Program (FMC Technologies Inc)

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Disability Retirement Benefit. The ParticipantA Member’s annual amount of Disability Retirement Benefit shall be determined pursuant to an amount commencing on his Disability Retirement Date computed in accordance with Section 3.1.2, 5.01 of this Article based on the ParticipantMember’s Years Average Compensation as of his Disability Retirement Date but based on the Member’s Credited Service as of his attainment of age sixty (60), as if the Member were to continue to accrue Credited Service with the date of Employer. Such amount shall be reduced by three percent (3%) for each year that the Participant’s Disability Retirement. The Disability Retirement payment shall commence with Date, or age sixty (60), if later, precedes the first day of the month immediately coincident with or next following the expiration Member’s attainment of the 13age sixty-week period described in Section 4-8 of this Supplement or medical certification of disability, whichever shall be later. Such payment shall also take into account and have deducted therefrom any benefits paid or payable, now or in the future, to the Participant by way of five (65). (a) Worker’s Compensation payments; (b) public pension payments (except Social Security The Employer may require that a Member receiving Disability and Military pension payments); and (c) 1/2 of any accident or health insurance benefit payment as may be provided Retirement Benefits submit to a re-examination by any program as now or in the future made available a qualified physician selected by the Company Committee at reasonable times prior to age sixty (60) in order to determine whether such Member continues to be Disabled. If such Member (i) is found to be no longer Disabled or placed in effect by any governmental authority for the benefit of Participants; however(ii) refuses to submit to such re-examination, any lump sum award under (a) and (c) above shall not be deducted. Any Participant who shall receive a his Disability Retirement Benefit shall be subject to reexamination by cease. After attainment of his Normal Retirement Date or age sixty (60), a physician of the Company at any time the Company may so request and if, in the opinion of the Company, the Total and Permanent Disability of the Participant shall no longer continue to exist, such ParticipantMember’s right to his Retirement Benefit shall not be affected by the fact that he is not Disabled. If a continuance of Member’s Disability Retirement Benefit payment shall cease. Failure or refusal of a Participant cease pursuant to submit the foregoing and: (1) such Member does not return to medical examination as requested by active employment with the Company Employer and if his Disability Retirement Benefit ceases, such Member shall be cause considered to have terminated employment as of cancellation of the his Disability Retirement Benefit. Such disabled Participant shallDate, however, be entitled to Early or Normal Retirement benefit payments upon qualification by the Participant and his status under the requirements set forth in Section 3.1 Plan shall be determined pursuant to Articles V and Section 3.2. In no eventVI; (2) such Member again becomes an Employee, howeverthen as of his subsequent Retirement Date or termination of service, such Member shall any Participant be entitled to receive both a Retirement Benefits, if any, based on his Accrued Retirement Benefit pursuant to Articles V and VI with respect to his Credited Service prior to his Disability Retirement Benefit Date and an Early or Normal Retirement Benefit, it being intended that there should be no duplication of retirement benefitssubsequent to his Re-employment Commencement Date.

Appears in 2 contracts

Samples: Retirement Plan and Trust Agreement, Retirement Plan and Trust Agreement

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