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General Severance Provisions Sample Clauses

General Severance Provisions. Except as provided in the next paragraph, no severance pay shall be paid in any case to employees who qualify for benefits under the Employer's disability insurance program. There shall be no severance pay for employees who retire or are eligible for normal retirement under the Employer's retirement program, for employees who voluntarily terminate their employment, for employees who do not complete their probationary period, for employees dismissed for cause or for time-limited employees, except as provided in D.3 below. Where termination is by mutual agreement, employees shall receive severance pay. Termination by mutual agreement as used herein refers only to resignations requested by the Employer and acceded to by the employee. Severance pay, in accordance with the applicable normal severance schedule shall be payable to employees with more than two (2) years tenure who shall be forced to leave the service of the Employer as a result of a permanent and total disability which is defined as physical or mental illness which totally and permanently incapacitates them for further service. The application for severance pay under these circumstances must be certified by a doctor selected by the Employer. Severance pay will be in addition to paid notice as set forth in Article 17F, Notice & Layoff.
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General Severance Provisions. No severance pay shall be paid in any case to employees who qualify for benefits under the Employer’s disability insurance program. There shall be no severance pay for employees who retire or are eligible for normal retirement under the Employer’s retirement program, for employees who voluntarily terminate their employment, for employees who do not complete their probationary period, and for employees dismissed for cause. Where termination is by mutual agreement, employees shall receive severance pay. Termination by mutual agreement as used herein refers only to resignations requested by the Employer and accepted to by the employee. For employees hired before April 10, 2021, severance pay, in accordance with the applicable, normal, severance schedule detailed at Article 17.E.2 below, shall be payable to any employee with more than two (2) years’ tenure who shall be forced to leave the service of the Employer as a result of a permanent and total disability, which is defined as physical or mental illness which totally and permanently incapacitates him for further service. The application for severance pay under these circumstances must be certified by a doctor selected by the Employer. For employees hired after April 10, 2021, severance pay shall be payable to any employee with more than four (4) years’ tenure who shall be forced to leave the service of the Employer as a result of a permanent and total disability, which is defined as physical or mental illness which totally and permanently incapacitates him for further service. The amount of such severance pay shall equal one half of the applicable, normal, severance schedule detailed at Article 17.E.2 below, subject to a five-and-one-half (5.5)- week maximum payout for an employee with eleven (11) years of service and further subject to a six (6)-week maximum payout for an employee with twelve or more years of service. The application for severance pay under these circumstances must be certified by a doctor selected by the Employer.
Sample 1
General Severance Provisions. 1. Severance is calculated as weeks of pay for regularly scheduled work at the Employee's most recent base salary level. 2. An Employee's signing of the general release for receipt of severance pay will not preclude the Union's ability to grieve the Employee's layoff or recall rights pursuant to the terms of this Agreement. In the event an arbitrator awards back pay, any severance monies paid will offset any such award.
Sample 1
General Severance Provisions. Except as provided in the next paragraph, no severance pay shall be paid in any case to employees who qualify for benefits under the Employer's disability insurance program. There shall be no severance pay for employees who retire, or are eligible for normal retirement, under the Employer's retirement program; for employees who voluntarily terminate their employment; or for employees who do not complete their probationary period; for employees dismissed for cause. Where termination is by mutual agreement, employees shall receive severance pay. Termination by mutual agreement as used herein refers only to resignations requested by the Employer and acceded to by the employee. Severance pay, in accordance with the applicable normal severance schedule, shall be payable to any employee with more than two (2) years tenure who shall be forced to leave the service of the Employer as a result of a permanent and total disability which is defined as a physical or mental illness which totally and permanently incapacitates themfor further service. The application for severance pay under these circumstances must be certified by a doctor selected by the Employer.
Sample 1
General Severance Provisions. 1. Severance is calculated as weeks ofpay for regularly scheduled work or the employee's most recent base salary level but does not include overtime or any other non-salary payments. 2. To receive severance pay, the employee must sign a general release prepared by the Employer waiving all claims against the Employer, including but not limited to claims under this Agreement, claims under Title VII, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Fair Employment and Housing Act (FEHA), etc. 3. An employee's signing ofa general release for receipt ofseverance pay will not preclude the Union's ability to grieve the employee's layoff or recall rights pursuant to the terms ofthe Agreement. In the event an arbitrator awards back pay, any severance monies paid will offset any such award. 4. Additionally, the Union and the Employer will make a good faith effort to reach agreement regarding layoff. Ifmutually agreed to, and not to delay the process, mediation may be used. Ifthe parties are not able to reach agreement, the Employer may implement and the Union may, within fifteen (15) days ofthe effective date oflayoff, submit the dispute to expedited arbitration for final and binding resolution. 5. Effective beginning the date ofthis Agreement, an employee who is laid off; receives severance pay and is returned to work before the severance pay is covered shall, if subsequently laid off only receive severance pay based on their length ofservice for the period from their date ofreemployment. 6. These severance provisions will not apply in the case ofthe sale ofall or part ofa covered entity where the purchaser extends a job offer to unit employees and there is no closure ofthe entity. Section X. Xxxx offemployees who are covered by Employer sponsored Health Insurance will be covered until the last day of the calendar month in which the fourteen (14) day notice period ends. The Employer also will pay affected employees a lump sum equivalent of two (2) months premiums for COBRA coverage for health, dental and vision insurance for affected employees.
Sample 1

Related to General Severance Provisions

  • Termination and Severance Pay A. In the event Employee is terminated by the Board before the expiration of the term of this agreement without just cause, and during that time Employee is willing and able to perform his duties under this Agreement, the Board shall continue to pay Employee's salary for a period of four (4) months after the date of termination (the "Severance Period") and shall continue Employee's then current health insurance coverage for a period of four (4) months. In the event Employer is not able to maintain Employee's health insurance coverage pursuant to the terms of the Township health insurance plan, then Employer shall pay to Employee, for a period of four (4) months, the cost of health insurance premiums at a rate that will continue substantially similar health benefits for Employee and Employee's family, if applicable, as provided under the then current township health insurance plan. In addition, the Board shall pay the cash value of any accrued vacation time. All of the above shall hereinafter be referred to as the Severance Compensation. The parties agree that this Severance Compensation shall constitute Employee's sole and exclusive remedy for termination without just cause B. In the event Employee is terminated by the Board before the expiration of the term of this agreement with just cause, the Board shall have no obligation to pay the Severance Compensation set forth in Section 3A. C. In the event the Board, at any time during the term of this Agreement, reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across- the-board reduction for all employees of the Board, or in the event the Board refuses, following written notice, to comply with any other provision benefiting Employee herein, or Employee resigns following a written request by the Board that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated without just cause" as of the date of such reduction, refusal to comply, or written request and Employee shall be entitled to the Severance Compensation as set forth in Section 3A. as if he were terminated without cause. For the purposes of this paragraph, the Board's failure to grant Employee a raise equivalent to that given any or all other Township Employees shall not be deemed a "reduction" as provided herein. D. In the event Employee desires to voluntarily resign his position with the Board before the expiration of the above term of this employment, then Employee shall give the Board thirty (30) days notice in advance, unless the parties agree otherwise in writing. In the event the Employee voluntarily resigns his position, he shall not be entitled to the severance pay provisions contained in Section 3A hereof. E. For the purposes of Section 3. hereof, "just cause" shall mean the following: (a) The Employee is convicted of a felony; (b) The Employee has failed or neglected to carry out his duties hereunder in any material and significant respect, or has been guilty of misfeasance, malfeasance, or nonfeasance in office for a period of thirty (30) days after written notice to him from the Board specifying the nature of such failure, neglect, misfeasance, malfeasance, or nonfeasance in office, unless such misfeasance, malfeasance, or nonfeasance is so egregious or of such a nature that it is of a criminal nature or it cannot be corrected. F. If the Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of eight successive weeks beyond any accrued sick leave and vacation time, the Board shall have the option to terminate this Agreement, and Employee shall receive the Severance Compensation set forth under Paragraph 3A. above.

  • Leave Provisions Clause No. Title

  • Right to Severance Benefits The Executive shall be entitled to receive from the Company Severance Benefits, as described in Section 3.3 herein, if there has been a Change in Control of the Company and if, within twenty-four (24) calendar months following the Change in Control, a Qualifying Termination of the Executive has occurred. The Executive shall not be entitled to receive Severance Benefits if he/she is terminated for Cause, or if his/her employment with the Company ends due to death, Disability, or Retirement or due to a voluntary termination of employment by the Executive without Good Reason.

  • Termination and Severance Executive shall be entitled to receive benefits upon termination of employment only as set forth in this Section 4:

  • Severance Payments and Benefits Subject to the provisions of paragraph 8 below, in the event of a Termination, in lieu of the amount otherwise payable under paragraph 4 above, the Company shall: (a) Pay the Executive a lump-sum payment in cash no later than ten (10) business days after the date of Termination equal to the sum of: (i) The sum of: (A) the Executive’s base salary through and including the date of Termination and any bonus amounts which have become payable, to the extent either has not theretofore been paid; (B) a pro rata portion of the Executive’s annual bonus for the fiscal year in which the date of Termination occurs in an amount equal to: (1) the Executive’s Bonus Amount (as defined below), multiplied by (2) a fraction, the numerator of which is the number of days in the fiscal year in which the date of Termination occurs through and including the date of Termination, and the denominator of which is three hundred sixty-five (365); (C) accrued and unpaid vacation pay through and including the date of Termination; and (D) unreimbursed business expenses through and including the date of Termination; (ii) An amount equal to the product of the Applicable Multiple (as defined below) and the Executive’s annual salary in effect immediately prior to the date of Termination; and (iii) An amount equal to the product of the Applicable Multiple and the Executive’s Bonus Amount; Notwithstanding the provisions of this paragraph 6(a), with respect to any amounts which constitute a deferral of compensation subject to Code Section 409A and provided the Executive is a “Specified Employee” (as defined under Code Section 409A), such amounts shall be paid to the Executive on the date which is six (6) months after his or her date of Separation from Service. (b) Continue to provide the Executive (and, if applicable, the Executive’s dependents), for a twenty-four (24) month period following the date of Termination, with the same level of benefits described in paragraph 4(d) of this Agreement upon substantially the same terms and conditions (including contributions required by the Executive for such benefits) as existed immediately prior to the date of Termination (or, if more favorable to the Executive, as such benefits and terms and conditions existed immediately prior to the Change of Control), provided, that if the Executive cannot continue to participate in the Company plans providing such benefits, the Company shall otherwise provide such benefits on the same after-tax basis as if continued participation had been permitted, and further provided the amount of expenses eligible for reimbursement during the Executive’s taxable year shall not affect the expenses eligible for reimbursement in any other taxable year. Notwithstanding the foregoing provisions of this paragraph, in the event the Executive becomes reemployed with another employer and becomes eligible to receive welfare benefits from such employer, the welfare benefits described in this Agreement shall be secondary to such benefits during the period of the Executive’s eligibility, but only to the extent that the Company reimburses the Executive for any increased cost and provides any additional benefits necessary to give the Executive the benefits provided hereunder.

  • Change in Control Severance Benefits If there is a Change in Control, and within one (1) year of such Change in Control, the Executive’s employment is terminated under the circumstances described in Sections 4(a) through 4(f) above, the Executive shall be entitled to the following: (I) if such termination is a termination by the Company without Cause pursuant to Section 4(a) or the Executive resigns for Good Reason pursuant to Section 4(b), the Company shall pay the Executive the Accrued Obligations and, in addition, subject to the provisions of Section 19, (A) an amount equal to twenty-four (24) months of the Executive’s Base Salary at the rate in effect on the date of termination or resignation, payable in a lump sum within sixty (60) calendar days of the date of termination or resignation; and (B) provided the Executive timely elects continuation coverage under COBRA, the Company shall also pay, on the Executive’s behalf, the portion of monthly premiums for the Executive’s group health insurance, including coverage for the Executive’s dependents, that the Company paid immediately prior to the date of termination or resignation, during the eighteen (18) month period following the date of termination or resignation, subject to the Executive’s continued eligibility for COBRA coverage. The Company will pay for such COBRA coverage for eligible dependents only for those dependents who were enrolled immediately prior to the date of termination or resignation. The Executive will continue to be required to pay that portion of the premium for the Executive’s health coverage, including coverage for the Executive’s eligible dependents, that the Executive was required to pay as an active employee immediately prior to the date of termination or resignation. Notwithstanding the foregoing, in the event that under applicable guidance the reimbursement of COBRA premiums causes the Company’s group health plan to violate any applicable nondiscrimination rule, the parties agree to negotiate in good faith a mutually agreeable alternative arrangement; and (II) if such termination is a termination or resignation under the circumstances described in Sections 4(c), 4(d), 4(e) or 4(f), the Executive shall be entitled to the compensation and benefits for which the Executive is eligible under such sections.

  • Sick Leave Provisions (A) Sick Leave Defined Sick leave means the period of time an employee is permitted to be absent from work with full pay by virtue of being sick, disabled, exposed to contagious disease, or under examination or treatment of a physician, chiropractor, or dentist, or because of an accident for which compensation is not payable under the Worker's Compensation Act. (B) Amount of Sick Leave Sick leave shall be granted to employees on the basis of one and two-third (1 2/3) days for every month of service. In any one calendar year when an employee has not had sick leave, or only a portion thereof, the employee shall be entitled to an accrual of all the unused portion of sick leave up to a maximum of 160 working days for their future benefits. Employees at maximum accumulation of 160 or more sick days shall accumulate at one half day per month effective January 1, 1993. Employees who have accumulated 160 days or more and who become ill in the year preceding retirement will be allotted a maximum of twenty (20) days to maintain their entitlement. A deduction shall be made from accumulated sick leave of all normal working days (exclusive of Statutory Holiday) absent for sick leave as defined in (A) and Article 25 (Supplementation of Compensation). The PEBT LTD Plan shall be fully integrated with the sick leave plan so that an employee will be entitled to use sick leave up to the date the employee is eligible to collect LTD (80 work days) at which time sick leave usage shall cease. (C) Illness in the Family In the case of illness at the employee's residence and/or a medical emergency/procedure at a hospital of a family member where no one other than the employee can provide for the needs of the ill person, the employee, after notifying their supervisor, shall be entitled to a maximum of eight (8) days per calendar year when supported by a medical certificate. In the event that a non-resident parent requires support due to a serious medical condition as confirmed by a medical practitioner, such time will be provided under the Family Illness provisions of this Article.

  • Severance Payments 5.1 The Company shall pay the Executive the payments described in this Section 5.1 ("Severance Payments") upon the termination of the Executive's employment following a Change in Control during the term of this Agreement, including the Executive's termination of employment for Good Reason, unless such termination is (a) by the Company for Cause, or (b) by reason of the Executive's Death or Disability. The Executive's employment shall be deemed to have been terminated following a Change in Control by the Company without Cause if the Executive's employment is terminated prior to a Change in Control without Cause at the direction (or action which constitutes a direction) of a Person who has entered into an agreement with the Company the consummation of which will constitute a Change in Control. (i) Within three (3) business days after the Date of Termination, the Company shall make a lump sum or monthly, at the Executive's option, cash severance payment to the Executive in an amount equal to: (x) the Executive's annual base salary in effect immediately prior to the occurrence of the event or circumstance upon which the Notice of Termination is based or in effect immediately prior to the Change in Control; and (y) a pro-rated portion of Executive's Targeted Annual Bonus for the fiscal year in which the Date of Termination occurs. (ii) For a twelve (12) month period after the Date of Termination, the Company shall arrange to provide the Executive with medical and dental insurance benefits substantially similar to those that the Executive is receiving immediately prior to the Notice of Termination. Benefits otherwise receivable by the Executive pursuant to this Section 5.1(ii) shall be reduced to the extent comparable benefits are actually received by or made available to the Executive without cost during the twelve (12) month period following the Executive's termination of employment (and any such benefits actually received by the Executive shall be reported to the Company by the Executive). 5.2 The Company also shall pay to the Executive all legal fees and expenses incurred by the Executive in disputing the non-payment of Severance Payments in connection with a termination which entitles the Executive to Severance Payments. Such payments shall be made within five (5) business days after delivery of the Executive's written request for payment accompanied with such evidence of fees and expenses incurred as the Company reasonably may require.

  • Insurance Provisions Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor’s expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the County during the entire term of this Contract. The County reserves the right to request the declarations pages showing all endorsements and a complete certified copy of the policy. In addition, all Subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall ensure that all Subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow Subcontractors to work if Subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every Subcontractor and to receive proof of insurance prior to allowing any Subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time. All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self- insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County’s Risk Manager, or designee, upon review of Contractor’s current audited financial report. If Contractor’s SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following: a. In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Contractor’s, its agents, employee’s or Subcontractor’s performance of this Contract, Contractor shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and b. Contractor’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and c. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor’s SIR provision shall be interpreted as though the Contractor was an insurer and the County was the insured. Upon notice of any actual or alleged claim or loss arising out of Subcontractor’s work hereunder, Subcontractor shall immediately satisfy in full the SIR provisions of the policy in order to trigger coverage for the Contractor and Additional Insureds. If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract.

  • General Benefits During the Term of Employment, the Executive shall be entitled to participate in such employee pension and welfare benefit plans and programs of the Company as are made available to the Company's senior-level executives or to its employees generally, as such plans or programs may be in effect from time to time, including, without limitation, health, medical, dental, long-term disability, travel accident and life insurance plans.

Most Referenced Clauses

Most Referenced Definitions