Common use of Employment Insurance Benefit and Other Compensation Clause in Contracts

Employment Insurance Benefit and Other Compensation. (a) An Employee's "Employment Insurance Benefit and Other Compensation" for a Week means: (i) the amount of Employment Insurance Benefit received or receivable by the Employee for such Week; plus (ii) all pay received or receivable by the Employee from the company (excluding vacation pay except as provided in section 2.02(a)(iv)) and, the amount of any pay which could have been earned, computed as if payable, for hours made available by the company but not worked, after reasonable notice has been given to the Employee, for such Week; provided, however, that if the hours made available but not worked are hours which the Employee had an option to refuse under the Collective Agreement or, which he/she could refuse without disqualification under section 1.02(b)(iii), such hours shall not be considered as hours made available by the company; and provided, further, that if wages or remuneration or any military pay are received or receivable by the Employee from employers other than the company and are applicable to the same period as hours made available by the company but not worked, only the greater of (a) such wages or remuneration in excess of the greater of the amount disregarded as earnings by the Human Resources Development Canada or 20% of such wages or remuneration from other employers, or military pay in excess of the amount disregarded as earnings by the Canada Employment Insurance Commission or (b) any amount of pay which could have been earned, computed, as if payable, for hours made available by the company but not worked, shall be included; and provided further, that any pay received or receivable by the Employee for a shift which extends through midnight shall be allocated (1) to the day on which the shift started if he/she was on layoff with respect to the corresponding shift on the following day, (2) to the day on which the shift ended if he/she was on layoff with respect to the corresponding shift on the preceding day, or (3) according to the pay for the hours worked each day, if he/she was on layoff with respect to the corresponding shifts on both the preceding and the following days; and in such event, the maximum Regular Benefit amount shall be modified to any extent necessary so that the Employee's Regular Benefit will be increased to offset any reduction in his/her Employment Insurance Benefit which may have resulted solely from the Canada Employment Insurance Commission's allocation of his/her earnings for such a shift otherwise than as prescribed in this proviso; plus (iii) all wages, salary or remuneration, as defined under the Employment Insurance Act, in excess of the greater of the amount disregarded as earnings by the Canada Employment Insurance Commission or 20% of such wages or remuneration received or receivable from other employers for such Week (excluding such wages or remuneration which were considered in the calculation under section 2.02(a)(ii)); provided, however, in calculating the amount of the Regular Benefit otherwise payable for a week for which an Employee has received an Employment Insurance "waiting period" credit, the calculation shall include all wages or remuneration (as defined under the Employment Insurance Act) in excess of the greater of an amount equal to 25% of the Employee's Employment Insurance benefit rate or 20% of such wages or remuneration, received or receivable by the Employee from other employers for such week; plus (iv) vacation pay received or receivable under the applicable provisions of the Collective Agreement, of which an amount equal to forty (40) hours of such vacation pay, or such lesser amount as may be received or receivable, shall be considered compensation applicable to the first week of company designated vacation, and all additional vacation pay shall be allocated to such subsequent vacation weeks on a pro rata basis of forty (40) hours pay, or lesser amount as may have been received, per vacation week; plus (v) the amount of all military pay in excess of the amount disregarded as earnings by the Canada Employment Insurance Commission received or receivable for such Week, excluding such military pay which was considered in the calculation under section 2.02(a)(ii). (vi) the amount of any partial benefit which an Employee received under a Workers' Compensation law or other law providing benefits for occupational injury or disease, while not totally disabled and while ineligible for a sickness and accident benefit under the Insurance Program, and an unemployment benefit payable under the Employment Insurance Act including training allowances (excluding any allowance for transportation, subsistence including accommodation allowances, equipment or other cost of training). If an Employee receives a Workers' Compensation benefit while working full time and a higher Workers' Compensation benefit while on layoff from the company, only the amount by which the Workers' Compensation benefit is increased shall be included. (b) For purposes of determining the basis for the amount which disqualifies him/her for Employment Insurance Benefit or "waiting period" credit, such basis for the amount shall be equal to whichever of the following amounts is applicable: (i) if he/she has an established and current applicable Weekly Benefit Rate under Employment Insurance, such benefit rate, or (ii) in all other cases, the Employment Insurance Benefit amount which would apply to an individual having the same number of Dependents as the Employee and having weekly earnings equal to the Employee's Weekly Straight-Time Pay or straight-time Ford salary. (c) If the Employment Insurance Benefit received by an Employee for an Employment Insurance Week shall be for less, or more, than a full Employment Insurance Week (for reasons other than his/her receipt of wages or remuneration for such Employment Insurance Week): (i) because he/she has been disqualified or otherwise determined ineligible for a portion of his/her Employment Insurance Benefit for reasons other than those set forth in section 1.01(d), or (ii) because the Employment Insurance Week for which the Regular Benefit is paid includes a portion of the Employment Insurance waiting period, or (iii) because of an underpayment or overpayment of a previous Employment Insurance Benefit, the amount of the Employment Insurance Benefit to which he/she otherwise would have been entitled for such Employment Insurance Week shall be used in the calculation of "Employment Insurance Benefit and Other Compensation" for such Employment Insurance Week.

Employment Insurance Benefit and Other Compensation. (a) An Employee's "Employment Insurance Benefit and Other Compensation" Compensation for a Week means: (i1) the amount of Employment Insurance Benefit received or receivable by the Employee for such Week; plusthe Week or the estimated amount which the Employee would have received if the Employee had not been ineligible therefor solely under certain of the circumstances determined to be covered by item (ii2) all pay received or receivable by the Employee from the company Company (excluding including vacation pay except as provided in section 2.02(a)(iv)subsection (a)(3) and, the of this Section) and any amount of any unearned pay which could have been earnedcomputed, computed as if payable, for hours made available by the company Company but not worked, after reasonable notice has been given to the Employee, for such Week; provided, however, that if the hours made available but not worked are hours which the Employee had an option to refuse under a Local Seniority Agreement or which the Collective Agreement or, which he/she Employee could refuse without disqualification under section 1.02(b)(iii)Section 2(b)(3) of Article I, such hours shall are not to be considered as hours made available by the companyCompany; and provided, further, that if wages or remuneration from employers other than the Company or any military pay are received or receivable by the Employee from employers other than the company and are applicable to the same period as hours made available by the company but not workedCompany, only the greater of (a) such wages or remuneration from other employers or military pay in excess of the greater of the amount disregarded as earnings by the Human Resources and Social Development Canada or 20% of such wages or remuneration from other employersremuneration, or military pay in excess of the amount disregarded as earnings by the Canada Employment Insurance Commission or (b) any amount of pay which could have been earned, computed, as if payable, for hours made available by the company but not worked, Company shall be included; and further provided further, that any pay received or receivable by the Employee for a shift which extends through midnight shall be allocated: (1i) to the day on which the shift started if he/she the Employee was on layoff with respect to the corresponding shift on the following day, (2ii) to the day on which the shift ended if he/she the Employee was on layoff with respect to the corresponding shift on the preceding day, orand (3iii) according to the pay for the hours worked each day, if he/she the Employee was on layoff with respect to the corresponding shifts on both the preceding and the following days; ; (3) vacation pay received or receivable under Paragraph 114 of the Collective Bargaining Agreement, shall be considered as compensation applicable to the same week or weeks and in the same amount or amounts as such event, the maximum Regular Benefit amount shall be modified to any extent necessary so that the Employee's Regular Benefit will be increased to offset any reduction in his/her vacation pay is allocated by Employment Insurance Benefit which may have resulted solely from the Canada Employment Insurance Commission's allocation of his/her earnings for such a shift otherwise than as prescribed in this provisoInsurance; plus (iii4) all wages, salary wages or remuneration, as defined under the Employment Insurance Act, in excess of the greater of the amount disregarded as earnings by the Canada Employment Insurance Commission or 20% of such wages or remuneration received or receivable from other employers for such Week (excluding such wages or remuneration which were considered in the calculation under section 2.02(a)(iisubsection (a)(2) of this Section)); , provided, however, in calculating the amount of the Regular Benefit otherwise payable for a week for which an Employee has received an Employment Insurance "“waiting period" ” credit, the calculation shall include all wages or remuneration (as defined under the Employment Insurance Act) in excess of the greater of an amount equal to 25% of the Employee's Employment Insurance benefit rate or 20% of such wages or remuneration, received or receivable by the Employee from other employers for such week; plus (iv) vacation pay received or receivable under the applicable provisions of the Collective Agreement, of which an amount equal to forty (40) hours of such vacation pay, or such lesser amount as may be received or receivable, shall be considered compensation applicable to the first week of company designated vacation, and all additional vacation pay shall be allocated to such subsequent vacation weeks on a pro rata basis of forty (40) hours pay, or lesser amount as may have been received, per vacation week; plus (v5) the amount of all military pay in excess of the greater of the amount disregarded as earnings by the Canada Employment Insurance Commission or 20% of such military pay received or receivable for such Week, excluding such military pay which was considered in the calculation under section 2.02(a)(ii)subsection (a)(2) of this Section. (vi6) the The amount of any partial benefit which an Employee received under a Workers' Compensation law Act or other law providing benefits for occupational injury or disease, while not totally disabled and while ineligible for a sickness and accident benefit under the Insurance Program, and an unemployment benefit payable under the Employment Insurance Act including training allowances (excluding any allowance for transportation, subsistence including accommodation allowances, equipment or other cost of training). If an Employee receives a Workers' Compensation benefit while working full time and a higher Workers' Compensation benefit while on layoff from the companyCompany, only the amount by which the Workers' Compensation benefit is increased shall be included. (b) For purposes of determining the basis for the estimated amount of the Employment Insurance Benefit which would have been received by the Employee, and for purposes of Section 1(b)(3) of Article I in determining the basis for the amount which disqualifies him/her the Employee for an Employment Insurance Benefit or "“waiting period" ” week credit, such basis for the amount shall be equal to whichever of the following amounts is applicable: (i1) if he/she If the Employee has an established and current applicable Weekly Benefit Rate under Employment Insurance, such benefit rate, or (ii2) in In all other cases, the Employment Insurance Benefit amount which would apply to an individual having the same number of Dependents dependents as the Employee and having weekly earnings equal to the Employee's Weekly Straight-Straight- Time Pay or straight-time Ford salaryPay. (c) If the Employment Insurance Benefit actually received by an Employee for an Employment Insurance Week week shall be for less, or more, than a full Employment Insurance Week week (for reasons other than his/her the Employee's receipt of wages or remuneration for such Employment Insurance Week):week), because: (i1) because he/she the Employee has been disqualified or otherwise determined ineligible for a portion of his/her the Employee’s Employment Insurance Benefit for reasons other than those set forth in section 1.01(d), orSection 1(c) of Article I, (ii2) because the Employment Insurance Week week for which the Regular Benefit is paid includes a portion of the Employment Insurance waiting period, or (iii3) because of an underpayment or overpayment of a previous Employment Insurance Benefit, the amount of the Employment Insurance Benefit to which he/she would otherwise would have been entitled paid to the Employee for such Employment Insurance Week week shall be used in the calculation of "“Employment Insurance Benefit and Other Compensation" ” for such Employment Insurance Weekweek.

Employment Insurance Benefit and Other Compensation. (a) An Employee's "Employment Insurance Benefit and Other Compensation" for a Week means: (i) the amount of Employment Insurance Benefit received or receivable by the Employee for such Week; plus (ii) all pay received or receivable by the Employee from the company Company (excluding vacation pay except as provided in section 2.02(a)(iv)) and, the amount of any pay which could have been earned, computed as if payable, for hours made available by the company Company but not worked, after reasonable notice has been given to the Employee, for such Week; provided, however, that if the hours made available but not worked are hours which the Employee had an option to refuse under the Collective Agreement or, which he/she could refuse without disqualification under section 1.02(b)(iii), such hours shall not be considered as hours made available by the companyCompany; and provided, further, that if wages or remuneration or any military pay are received or receivable by the Employee from employers other than the company Company and are applicable to the same period as hours made available by the company Company but not worked, only the greater of (a) such wages or remuneration in excess of the greater of the amount disregarded as earnings by the Human Resources Development Canada Employment Insurance Commission or 20% of such wages or remuneration from other employers, or military pay in excess of the amount disregarded as earnings by the Canada Employment Insurance Commission or (b) any amount of pay which could have been earned, computed, as if payable, for hours made available by the company Company but not worked, shall be included; and provided further, that any pay received or receivable by the Employee for a shift which extends through midnight shall be allocated (1) to the day on which the shift started if he/she was on layoff with respect to the corresponding shift on the following day, (2) to the day on which the shift ended if he/she was on layoff with respect to the corresponding shift on the preceding day, or (3) according to the pay for the hours worked each day, if he/she was on layoff with respect to the corresponding shifts on both the preceding and the following days; and in such event, the maximum Regular Benefit amount shall be modified to any extent necessary so that the Employee's Regular Benefit will be increased to offset any reduction in his/her Employment Insurance Benefit which may have resulted solely from the Canada Employment Insurance Commission's allocation of his/her earnings for such a shift otherwise than as prescribed in this proviso; plus (iii) all wages, salary or remuneration, as defined under the Employment Insurance Act, in excess of the greater of the amount disregarded as earnings by the Canada Employment Insurance Commission or 20% of such wages or remuneration received or receivable from other employers for such Week (excluding such wages or remuneration which were considered in the calculation under section 2.02(a)(ii)); provided, however, in calculating the amount of the Regular Benefit otherwise payable for a week for which an Employee has received an Employment Insurance "waiting period" credit, the calculation shall include all wages or remuneration (as defined under the Employment Insurance Act) in excess of the greater of an amount equal to 25% of the Employee's Employment Unemployment Insurance benefit rate or 20% of such wages or remuneration, received or receivable by the Employee from other employers for such week; plus (iv) vacation pay received or receivable under the applicable provisions of article 20 of the Collective Agreement, of which an amount equal to forty (40) hours of such vacation pay, or such lesser amount as may be received or receivable, shall be considered compensation applicable to the first week of company Company designated vacation, and all additional vacation pay shall be allocated to such subsequent vacation weeks on a pro rata basis of forty (40) hours pay, or lesser amount as may have been received, per vacation week; plus (v) the amount of all military pay in excess of the amount disregarded as earnings by the Canada Employment Insurance Commission received or receivable for such Week, excluding such military pay which was considered in the calculation under section 2.02(a)(ii). (vi) the amount of any partial benefit which an Employee received under a Workers' Compensation law or other law providing benefits for occupational injury or disease, while not totally disabled and while ineligible for a sickness and accident benefit under the Insurance Program, and an unemployment benefit payable under the Employment Insurance Act including training allowances (excluding any allowance for transportation, subsistence including accommodation allowances, equipment or other cost of training). If an Employee receives a Workers' Compensation benefit while working full time and a higher Workers' Compensation benefit while on layoff from the companyCompany, only the amount by which the Workers' Compensation benefit is increased shall be included. (b) For purposes of determining the basis for the amount which disqualifies him/her for Employment Insurance Benefit or "waiting period" credit, such basis for the amount shall be equal to whichever of the following amounts is applicable: (i) if he/she has an established and current applicable Weekly Benefit Rate under Employment Insurance, such benefit rate, orunder (ii) in all other cases, the Employment Insurance Benefit amount which would apply to an individual having the same number of Dependents as the Employee and having weekly earnings equal to the Employee's Weekly Straight-Time Pay or straight-time Ford salaryPay. (c) If the Employment Insurance Benefit received by an Employee for an Employment Insurance Week shall be for less, or more, than a full Employment Insurance Week (for reasons other than his/her receipt of wages or remuneration for such Employment Insurance Week): (i) because he/she has been disqualified or otherwise determined ineligible for a portion of his/her Employment Insurance Benefit for reasons other than those set forth in section 1.01(d1.01(c), or (ii) because the Employment Insurance Week for which the Regular Benefit is paid includes a portion of the Employment Insurance waiting period, or (iii) because of an underpayment or overpayment of a previous Employment Insurance Benefit, the amount of the Employment Insurance Benefit to which he/she otherwise would have been entitled for such Employment Insurance Week shall be used in the calculation of "" Employment Insurance Benefit and Other Compensation" for such Employment Insurance Week.