Common use of Disability Retirement Benefit Clause in Contracts

Disability Retirement Benefit. A Member’s annual amount of Disability Retirement Benefit shall be an amount commencing on his Disability Retirement Date computed in accordance with Section 5.01 of this Article based on the Member’s 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 Employer. Such amount shall be reduced by three percent (3%) for each year that the Disability Retirement Date, or age sixty (60), if later, precedes the first day of the month coincident with or next following the Member’s attainment of age sixty-five (65). (a) The Employer may require that a Member receiving Disability Retirement Benefits submit to a re-examination by a qualified physician selected by the 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 (ii) refuses to submit to such re-examination, his Disability Retirement Benefit shall cease. After attainment of his Normal Retirement Date or age sixty (60), a Member’s right to his Retirement Benefit shall not be affected by the fact that he is not Disabled. If a Member’s Disability Retirement Benefit shall cease pursuant to the foregoing and: (1) such Member does not return to active employment with the Employer and if his Disability Retirement Benefit ceases, such Member shall be considered to have terminated employment as of his Disability Retirement Date, and his status under the Plan shall be determined pursuant to Articles V and VI; (2) such Member again becomes an Employee, then as of his subsequent Retirement Date or termination of service, such Member shall be entitled to receive 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 Date and subsequent to his Re-employment Commencement Date.

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