Common use of Disabled Employees Clause in Contracts

Disabled Employees. Notwithstanding any contrary provision of this Agreement, this section shall control the allocation of obligations of the Corporation and New Ceridian with respect to each employee of the Corporation or any of its Subsidiaries who would have been a Media Information Employee but for his or her absence from active employment with respect to which the employee was actually receiving benefits under the Corporation's long-term disability insurance plan on the Effective Date ("Disabled Arbitron Employee"). (a) Immediately prior to the Effective Time, New Ceridian shall, or shall cause its Subsidiaries to, employ each Disabled Arbitron Employee who has not been released to work and to continue his or her participation in New Ceridian Pension Plans, Welfare Plans and Benefit Arrangements in accordance with their generally applicable provisions. (b) If a Disabled Arbitron Employee is released to work after the Effective Date and prior to his or her termination of employment, the Corporation shall, or shall cause one of its Subsidiaries to: (i) provide such Disabled Arbitron Employee with a job suitable to his or her abilities and limitations; or (ii) reimburse New Ceridian for the gross amount of all severance benefits, sick leave reserve and pay for accrued personal days off (disregarding any tax savings or benefits to New Ceridian as a result of the payment of such benefits), if any, that are then payable to the Disabled Arbitron Employee under the Welfare Plans and Benefit Arrangements of New Ceridian then in effect. (c) If a Disabled Arbitron Employee becomes an employee of the Corporation or any of its Subsidiaries after the Effective Date, all of the Disabled Arbitron Employee's service with the Corporation and its Subsidiaries prior to the Effective Time shall be taken into account for all purposes under the Arbitron Retirement Plan, as defined in Section 6.2, to the same extent as if the Disabled Arbitron Employee had been a Spun-off Participant, as defined in Section 6.2, and, to the extent permitted by applicable qualification requirements, service taken into account under the Ceridian Retirement Plan, as defined in Section 6.1, on or after the Effective Date shall be taken into account under the Arbitron Retirement Plan to the same extent and for the same purposes as such service was taken into account under the Ceridian Retirement Plan; provided, first, that the Arbitron Retirement Plan shall not be required to credit service for any period or any purpose for which a similarly situated active employee of the Corporation or one of its Subsidiaries is not credited with service; and, second, that to the extent service is taken into account under the Arbitron Retirement Plan pursuant to this Section 7.2(c) that is taken into account in determining a Disabled Arbitron Employee's accrued benefit under the Ceridian Retirement Plan, the Arbitron Retirement Plan benefit shall be reduced by the value of the Ceridian Retirement Plan benefit in accordance with the terms of the Arbitron Retirement Plan. (d) The Corporation shall, upon demand by New Ceridian, reimburse New Ceridian for all costs incurred by New Ceridian or its Subsidiaries in providing coverage to each Disabled Arbitron Employee under each Pension Plan, Welfare Plan and Benefit Arrangement, such costs to be measured by the gross amount of the employer contributions made with respect to such employee (disregarding any tax savings or benefits to New Ceridian as a result of the payment of such benefits); provided that this provision shall not apply with respect to any Disabled Arbitron Employee who has been continuously totally disabled since prior to 1992.

Disabled Employees. Notwithstanding any contrary provision of this Agreement, this section shall control the allocation of obligations of the Corporation and New Ceridian with respect to each employee of the Corporation or any of its Subsidiaries who would have been a Media Information an Arbitron Employee but for his or her absence from active employment with respect to which the employee was actually on account of his or her receiving benefits under the Corporation's long-term disability insurance plan on the Effective Date benefits ("Disabled Arbitron Employee"). (a) Immediately prior to the Effective Time, New Ceridian shall, or shall cause its Subsidiaries to, employ each Disabled Arbitron Employee who has not been released to work and to continue his or her participation in New Ceridian Pension Plans, Welfare Plans and Benefit Arrangements in accordance with their generally applicable provisions. (b) If a Disabled Arbitron Employee is released to work after the Effective Date Time and prior to his or her termination of employment, the Corporation shall, or shall cause one of its Subsidiaries to: (i) provide such Disabled Arbitron Employee with a job suitable to his or her abilities and limitations; or (ii) reimburse New Ceridian for the gross amount of all severance benefits, sick leave reserve and pay for accrued personal days off (disregarding any tax savings or benefits to New Ceridian as a result of the payment of such benefits), if any, that are then payable to the Disabled Arbitron Employee under the Welfare Plans and Benefit Arrangements of New Ceridian then in effect. (c) If a Disabled Arbitron Employee becomes an employee of the Corporation or any of its Subsidiaries after the Effective DateTime, all of the Disabled Arbitron Employee's service with the Corporation and its Subsidiaries prior to the Effective Time shall be taken into account for all purposes under the Arbitron Retirement Plan, as defined in Section 6.2, to the same extent as if the Disabled Arbitron Employee had been a Spun-off Participant, as defined in Section 6.2, and, and to the extent permitted by applicable qualification requirements, service taken into account under the Ceridian Retirement Plan, as defined in Section 6.1, on or after the Effective Date Time shall be taken into account under the Arbitron Retirement Plan to the same extent and for the same purposes as such service was taken into account under the Ceridian Retirement Plan; provided, first, that the Arbitron Retirement Plan shall not be required to credit service for any period or any purpose for which a similarly situated active employee of the Corporation or one of its Subsidiaries is not credited with service; and, second, that to the extent service is taken into account under the Arbitron Retirement Plan pursuant to this Section 7.2(c) that is taken into account in determining a Disabled Arbitron Employee's accrued benefit under the Ceridian Retirement Plan, the Arbitron Retirement Plan benefit shall be reduced by the value of the Ceridian Retirement Plan benefit in accordance with the terms of the Arbitron Retirement Plan. (d) The Corporation shall, upon demand by New Ceridian, reimburse New Ceridian for all costs incurred by New Ceridian or its Subsidiaries in providing coverage to each Disabled Arbitron Employee under each Pension Plan, Welfare Plan and Benefit Arrangement, such costs to be measured by the gross amount of the employer contributions made with respect to such employee (disregarding any tax savings or benefits to New Ceridian as a result of the payment of such benefits); provided that this provision shall not apply with respect to any Disabled Arbitron Employee who has been continuously totally disabled since prior to 1992.

Disabled Employees. Notwithstanding any contrary provision of this Agreement, this section shall control the allocation of obligations of the Corporation and New Ceridian with respect to each employee of the Corporation or any of its Subsidiaries who would have been a Media Information Employee but for his or her absence from active employment with respect to which the employee was actually on account of his or her receiving benefits under the Corporation's long-term disability insurance plan benefits on the Effective Date ("Disabled Arbitron Employee"). (a) Immediately prior to the Effective Time, New Ceridian shall, or shall cause its Subsidiaries to, employ each Disabled Arbitron Employee who has not been released to work and to continue his or her participation in New Ceridian Pension Plans, Welfare Plans and Benefit Arrangements in accordance with their generally applicable provisions. (b) If a Disabled Arbitron Employee is released to work after the Effective Date and prior to his or her termination of employment, the Corporation shall, or shall cause one of its Subsidiaries to: (i) provide such Disabled Arbitron Employee with a job suitable to his or her abilities and limitations; or (ii) reimburse New Ceridian for the gross amount of all severance benefits, sick leave reserve and pay for accrued personal days off (disregarding any tax savings or benefits to New Ceridian as a result of the payment of such benefits), if any, that are then payable to the Disabled Arbitron Employee under the Welfare Plans and Benefit Arrangements of New Ceridian then in effect. (c) If a Disabled Arbitron Employee becomes an employee of the Corporation or any of its Subsidiaries after the Effective Date, all of the Disabled Arbitron Employee's service with the Corporation and its Subsidiaries prior to the Effective Time shall be taken into account for all purposes under the Arbitron Retirement Plan, as defined in Section 6.2, to the same extent as if the Disabled Arbitron Employee had been a Spun-off Participant, as defined in Section 6.2, and, to the extent permitted by applicable qualification requirements, service taken into account under the Ceridian Retirement Plan, as defined in Section 6.1, on or after the Effective Date shall be taken into account under the Arbitron Retirement Plan to the same extent and for the same purposes as such service was taken into account under the Ceridian Retirement Plan; provided, first, that the Arbitron Retirement Plan shall not be required to credit service for any period or any purpose for which a similarly situated active employee of the Corporation or one of its Subsidiaries is not credited with service; and, second, that to the extent service is taken into account under the Arbitron Retirement Plan pursuant to this Section 7.2(c) that is taken into account in determining a Disabled Arbitron Employee's accrued benefit under the Ceridian Retirement Plan, the Arbitron Retirement Plan benefit shall be reduced by the value of the Ceridian Retirement Plan benefit in accordance with the terms of the Arbitron Retirement Plan. (d) The Corporation shall, upon demand by New Ceridian, reimburse New Ceridian for all costs incurred by New Ceridian or its Subsidiaries in providing coverage to each Disabled Arbitron Employee under each Pension Plan, Welfare Plan and Benefit Arrangement, such costs to be measured by the gross amount of the employer contributions made with respect to such employee (disregarding any tax savings or benefits to New Ceridian as a result of the payment of such benefits); provided that this provision shall not apply with respect to any Disabled Arbitron Employee who has been continuously totally disabled since prior to 1992.

Disabled Employees. Notwithstanding any contrary provision If an employee becomes disabled with the result that he is unable to carry out the regular functions of this Agreementhis position, this section shall control the allocation Hospital may establish a special classification and salary with the hope of obligations providing an opportunity of continued employment. ARTICLE SICK LEAVE Sick Leave and Term Disability The Hospital will assume total responsibility for providing funding a short-term sick leave plan at least equivalent to that described in the Hospitals of Ontario Disability Plan brochure. The Hospital will pay seventy-five percent of the Corporation and New Ceridian with respect to each employee billed premium towards coverage of the Corporation or any of its Subsidiaries who would have been a Media Information Employee but for his or her absence from active employment with respect to which the employee was actually receiving benefits eligible employees under the Corporation's long-term disability insurance portion of the plan or an equiva- lent plan), the employee paying the balance of the billed pre- mium through payroll deduction. For the purpose of transfer to the short-term portion of the disability program, employees on the Effective Date ("Disabled Arbitron Employee"). (a) Immediately prior payroll as of the effective date of the transfer with three months or more of service shall be deemed to have three months of service. For the purpose of transfer to the Effective Timelong-term portion of the disability program, New Ceridian shall, or shall cause its Subsidiaries to, employ each Disabled Arbitron Employee who has not been released to work and to continue his or her participation in New Ceridian Pension Plans, Welfare Plans and Benefit Arrangements in accordance employees will be credited with their generally applicable provisions. (b) If actual service. Effective October the existing accumulating sick leave plan shall be terminated and any provisions relating to such plan shall be null and void except as to those provisions relating to payout of unused sick leave benefits which are specifically dealt with hereinafter. Existing sick leave credits for each employee shall be con- verted to a Disabled Arbitron Employee is released sick leave bank to work after the Effective Date and prior to credit of the employee at the then current per diem rate of pay based on his regular straight time hourly rate. The "sick leave bank" shall be to: Supplement payment for sick leave days under the new program or her paragraph 5 below which would otherwise be at less than full wages and, where a payout provision existed under the former sick leave plan in the Collective Agreement, payout on termination of employment, the Corporation shall, or employment shall cause one be that portion of its Subsidiaries to: (i) provide such Disabled Arbitron Employee with a job suitable to his or her abilities and limitations; or (ii) reimburse New Ceridian for the gross amount of all severance benefits, any unused sick leave reserve and pay for accrued personal days off (disregarding any tax savings or benefits dollars under the former conditions relating to New Ceridian payout. Where, as a result of the payment effective date of such benefits)transfer, if any, that are then payable to the Disabled Arbitron Employee under the Welfare Plans and Benefit Arrangements of New Ceridian then in effect. (c) If a Disabled Arbitron Employee becomes an employee does not have the required service to qualify for payout on termination, his existing sick leave credits as of the Corporation or any of its Subsidiaries after the Effective Date, all of the Disabled Arbitron Employee's service with the Corporation and its Subsidiaries prior that date shall nevertheless be con- - to the Effective Time shall be taken into account for all purposes under the Arbitron Retirement Plan, as defined in Section 6.2, to the same extent as if the Disabled Arbitron Employee had been a Spun-off Participant, as defined in Section 6.2, and, to the extent permitted by applicable qualification requirements, service taken into account under the Ceridian Retirement Plan, as defined in Section 6.1, on or after the Effective Date shall be taken into account under the Arbitron Retirement Plan to the same extent and for the same purposes as such service was taken into account under the Ceridian Retirement Plan; provided, first, that the Arbitron Retirement Plan shall not be required to credit service for any period or any purpose for which a similarly situated active employee of the Corporation or one of its Subsidiaries is not credited with service; and, second, that to the extent service is taken into account under the Arbitron Retirement Plan pursuant to this Section 7.2(c) that is taken into account in determining a Disabled Arbitron Employee's accrued benefit under the Ceridian Retirement Plan, the Arbitron Retirement Plan benefit shall be reduced by the value of the Ceridian Retirement Plan benefit sick leave bank in accordance with the terms and he shall be entitled, on termination, to that portion of any unused sick leave dollars pro- viding he subsequently achieves the necessary service to qualify him for payout under the conditions rela- ting to such payout. Where a payout provision existed under the former sick leave plan in the Collective Agreement, an employee who has accumulated sick leave credits and is pre- vented from working for the Hospital on account of an occupational illness or accident that is by the Workers' Compensation Board as compensable within the meaning of the Arbitron Retirement Plan. (d) The Corporation shallWorkers' Compensation Act, upon demand by New Ceridianthe Hospital, reimburse New Ceridian for all costs incurred by New Ceridian or its Subsidiaries in providing coverage to each Disabled Arbitron Employee under each Pension Planon application from the employee, Welfare Plan and Benefit Arrangement, such costs to be measured will sup- plement the award made by the gross Workers' Compensation Board for loss of wages to the employee by such amount that the award of the employer contributions made Workers' Compensation Board for loss of wages, together with respect to such employee (disregarding any tax savings or benefits to New Ceridian as a result the supplementation of the payment Hospital, will equal one hundred percent of the employee's net earnings to the limit of the employee's accumulated sick leave credits. Employees such sick leave credits while awaiting approval of a claim for Workers' Compensation. There shall be no pay deduction from an employee's regular scheduled shift when the employee has completed any portion of the shift prior to going on sick leave benefits or Workers' Compensation benefits); provided that this provision shall not apply with respect . The Hospital further agrees to pay employees an amount equal to any Disabled Arbitron Employee who has been continuously totally disabled since prior loss of benefits under for the first two days of the fourth and subsequent period of absence in any cal- endar year. Absences due to 1992pregnancy related illness shall be consid- ered as sick leave under the sick leave plan.

Disabled Employees. Notwithstanding any contrary provision of this Agreement, this section shall control the allocation of obligations of the Corporation and New Ceridian with respect to each employee of the Corporation Newco Employees employed by Weyerhaeuser Canada or any of its Subsidiaries Weyerhaeuser Saskatchewan who would have been a Media Information Employee but for his are on short-term or her absence from active employment with respect to which the employee was actually receiving benefits under the Corporation's long-term disability insurance plan leave on the Effective Closing Date ("“Canadian Disabled Arbitron Employee"Employees”). (a) Immediately prior to the Effective Time, New Ceridian shallother than union employees at Dryden, or shall cause its Subsidiaries toOntario; Ear Falls, employ each Disabled Arbitron Employee who has Ontario; Big River, Saskatchewan; Prince Xxxxxx, Saskatchewan and Kamloops, British Columbia, will not been released to work and to continue his or her participation in New Ceridian Pension Plans, Welfare Plans and Benefit Arrangements in accordance with their generally applicable provisions. (b) If a Disabled Arbitron Employee is released to work after the Effective Date and prior to his or her termination of employment, the Corporation shall, or shall cause one of its Subsidiaries to: (i) provide be offered employment by Exchangeco Subsidiary until such Disabled Arbitron Employee with a job suitable to his or her abilities and limitations; or (ii) reimburse New Ceridian for the gross amount of all severance benefits, sick leave reserve and pay for accrued personal days off (disregarding any tax savings or benefits to New Ceridian as a result of the payment of such benefits)time, if any, that as they are then payable determined by the relevant insurer to the Disabled Arbitron Employee be no longer eligible for benefits under the Welfare Plans applicable Weyerhaeuser Canada or Weyerhaeuser Saskatchewan short-term or long-term disability plan and Benefit Arrangements of New Ceridian then in effect. (c) If a Disabled Arbitron Employee becomes an present themselves for re-employment, at which time any such employee of the Corporation or any of its Subsidiaries after the Effective Date, all of the Disabled Arbitron Employee's service with the Corporation and its Subsidiaries prior to the Effective Time shall be taken into account for all purposes under the Arbitron Retirement Plan, as defined in Section 6.2, to the same extent as if the Disabled Arbitron Employee had been a Spun-off Participant, as defined in Section 6.2, andoffered employment, to the extent permitted by such employee is able to return to employment (including with any reasonable accommodation), with Exchangeco Subsidiary on the terms and conditions generally applicable qualification requirementsto the Newco Employees who became employees of Exchangeco Subsidiary on the Closing Date. Prior to such time, service taken into account under the Ceridian Retirement PlanWeyerhaeuser Canada or Weyerhaeuser Saskatchewan, as defined in Section 6.1applicable, on or after the Effective Date shall be taken into account under the Arbitron Retirement Plan retain all liability with respect to the same extent providing short-term and for the same purposes as long-term disability benefits to such service was taken into account under the Ceridian Retirement Plan; provided, first, that the Arbitron Retirement Plan shall not be required to credit service for any period or any purpose for which a similarly situated active employee of the Corporation or one of its Subsidiaries is not credited with service; and, second, that Canadian Disabled Employees to the extent service is taken into account the Canadian Disabled Employees are eligible to receive such benefits. The employment of the Canadian Disabled Employees who are union employees at Dryden, Ontario; Ear Falls, Ontario; Big River, Saskatchewan; Prince Xxxxxx, Saskatchewan and Kamloops, British Columbia will continue with Exchangeco Subsidiary effective as of the Closing Date but such employees will continue to receive short-term and long-term disability benefits under the Arbitron Retirement Plan pursuant applicable benefit plans of Weyerhaeuser Canada or Weyerhaeuser Saskatchewan, as applicable, for so long as they are eligible to this Section 7.2(c) that is taken into account in determining a Disabled Arbitron Employee's accrued benefit receive such benefits under the Ceridian Retirement Plansuch plans, the Arbitron Retirement Plan benefit shall be reduced by the value of the Ceridian Retirement Plan benefit in accordance with the terms of the Arbitron Retirement Plan. (d) The Corporation shallprovided that, upon demand by New Ceridian, reimburse New Ceridian Exchangeco Subsidiary fully and promptly reimburses Weyerhaeuser Canada and Weyerhaeuser Saskatchewan for all costs incurred by New Ceridian or its Subsidiaries in providing coverage allowing for such continued participation in such Weyerhaeuser Canada and Weyerhaeuser Saskatchewan benefit plans and that Exchangeco Subsidiary makes all reasonable efforts, including accommodation, to each Disabled Arbitron Employee under each Pension Plan, Welfare Plan and Benefit Arrangement, allow such costs employees to be measured by the gross amount of the employer contributions made with respect return to such employee (disregarding any tax savings or benefits to New Ceridian as a result of the payment of such benefits); provided that this provision shall not apply with respect to any Disabled Arbitron Employee who has been continuously totally disabled since prior to 1992active employment.