Common use of Integration with Other Disability Income Clause in Contracts

Integration with Other Disability Income. In the event a totally disabled team member is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this plan, the benefits from this plan will be reduced by 100% of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Compensation Act or Law or any other legislation of similar purpose, and (b) any amount the disabled team member receives from any group insurance, wage continuation or pension plan of the Company that provides disability or retirement income, and (c) any amount of disability income provided by any compulsory Act or law, and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member is entitled or to which they would be entitled if their application for such a benefit were approved, and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member might belong or subscribe. The amount by which the disability benefit from this plan is reduced by other disability income will normally be the amount to which the disabled team member is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this plan. Notwithstanding the above, where a team member makes a successful wage loss claim against a third party for an injury for which the team member received or would receive LTD benefits, the Company will be entitled to recover or decrease plan benefits by an amount equal to the amount that plan benefits in combination with the wage loss claim paid exceeds 100% of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member does not preclude the Company from joining the team member's action or commencing an action on its own behalf respecting the benefits paid. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Compensation Act or Law or any other legislation of similar purpose, and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, and (c) any amount of disability income provided by any compulsory Act or law, and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he/she would be entitled if their his/her application for such a benefit were approved, ; and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, where a team member makes a successful wage loss claim against a third party for an injury for which in the team member received or would receive LTD benefitscase of ICBC Weekly indemnity payments or, in the Company case of personal insurance coverage, integration will be entitled to recover or decrease plan benefits by an amount equal apply to the amount extent that plan the combination of Plan benefits in combination with the wage loss claim paid and ICBC Weekly Indemnity payments, or personal insurance disability income benefits exceeds 100% of pay subject to the followingeither: (a) The amount one hundred percent (100%) of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery.basic pay; or (b) The existence the applicable benefit percentage of an action commenced by or on behalf the individual average total monthly income in the twelve (12) month period immediately preceding commencement of a team member the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. This section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action Government of Canada or commencing an action on its own behalf respecting the benefits paidother commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Workers' Compensation Act or Law or any other legislation of similar purpose, and; (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, and; (c) any amount of disability income provided by any compulsory Act act or law, and; (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he/she would be entitled if their his/her application for such a benefit were approved, and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred percent (100%) of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan the Plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This Section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action Governments of Canada or commencing an action on its own behalf respecting the benefits paidother Commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her them to be eligible to receive benefits from this plan, the benefits from this plan will be reduced by 100% of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Compensation Act or Law law or any other legislation of similar purpose, and; (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, and; (c) any amount of disability income provided by any compulsory Act or law, and; (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they would be entitled if their application for such a benefit were approved, and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this plan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case or personal insurance coverage, integration will apply to the extent that the combination of plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) 100% of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the 12-month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of their total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan benefits by an amount equal to the amount that the plan benefits in combination with the wage loss claim paid exceeds exceed 100% of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action governments of Canada or commencing an action on its own behalf respecting the benefits paidother commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this plan, the benefits from this plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Compensation Act or Law or any other legislation of similar purpose, and (b) any amount the disabled team member receives from any group insurance, wage continuation or pension plan of the Company that provides disability or retirement income, and (c) any amount of disability income provided by any compulsory Act or law, and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member is entitled or to which they would be entitled if their application for such a benefit were approved, and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member might belong or subscribe. The amount by which the disability benefit from this plan is reduced by other disability income will normally be the amount to which the disabled team member is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this plan. Notwithstanding the above, where a team member makes a successful wage loss claim against a third party for an injury for which the team member received or would receive LTD benefits, the Company will be entitled to recover or decrease plan benefits by an amount equal to the amount that plan benefits in combination with the wage loss claim paid exceeds one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's ’s share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member does not preclude the Company from joining the team member's ’s action or commencing an action on its own behalf respecting the benefits paid. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Workers' Compensation Act or Law or any other legislation of similar purpose, ; and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, ; and (c) any amount of disability income provided by any compulsory Act act or law, ; and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he/she would be entitled if their his/her application for such a benefit were approved, ; and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred percent (100%) of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan Plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action Governments of Canada or commencing an action on its own behalf respecting the benefits paidother Commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred (100% %) percent of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Workers' Compensation Act or Law or any other legislation of similar purpose, and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, and (c) any amount of disability income provided by any compulsory Act act or law, and any Government or private auto insurance plan, and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he would be entitled if their his/her application for such a benefit were approved, and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred (100) percent of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that the plan benefits in combination with the wage loss claim paid exceeds exceed one hundred (100% %) percent of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This Section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action Governments of Canada or commencing an action on its own behalf respecting the benefits paidother Commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Workers' Compensation Act or Law or any other legislation of similar purpose, and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, and (c) any amount of disability income provided by any compulsory Act act or law, and any government or private auto insurance plan, and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he would be entitled if their his/her application for such a benefit were approved, and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (a) one hundred percent (100%) of basic pay; or (b) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan the Plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This Section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action Governments of Canada or commencing an action on its own behalf respecting the benefits paidother Commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by 100% of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Compensation Act or Law law or any other legislation of similar purpose, ; and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, ; and (c) any amount of disability income provided by any compulsory Act or law, and any government or private auto insurance plan; and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he would be entitled if their his/her application for such a benefit were approved, ; and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (a) one hundred percent (100%) of basic pay; or (b) the applicable benefit percentage of the individual average total monthly income in the 12 month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan the Plan benefits in combination with the wage loss claim paid exceeds exceed 100% of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action governments of Canada or commencing an action on its own behalf respecting the benefits paidother commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her him to be eligible to receive benefits from this plan, the benefits from this plan will be reduced by 100% of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Workers' Compensation Act or Law law or any other legislation of similar purpose, and; (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, and; (c) any amount of disability income provided by any compulsory Act or law, and; (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he would be entitled if their his application for such a benefit were approved, and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this plan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case or personal insurance coverage, integration will apply to the extent that the combination of plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) 100% of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the 12-month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan benefits by an amount equal to the amount that the plan benefits in combination with the wage loss claim paid exceeds exceed 100% of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action governments of Canada or commencing an action on its own behalf respecting the benefits paidother Commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her them to be eligible to receive benefits from this plan, the benefits from this plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Compensation Act or Law law or any other legislation of similar purpose, ; and, (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, ; and, (c) any amount of disability income provided by any compulsory Act or law, and any government or private auto insurance plan; and, (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they would be entitled if their application for such a benefit were approved, ; and;, (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this plan. Notwithstanding the above, in the case of ICBC weekly indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of plan benefits and ICBC weekly indemnity payments or personal insurance disability income benefits exceed either: (1) one hundred percent (100%) of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of their total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan benefits by an amount equal to the amount that the plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action governments of Canada or commencing an action on its own behalf respecting the benefits paidother commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Workers' Compensation Act or Law or any other legislation of similar purpose, ; and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, ; and (c) any amount of disability income provided by any compulsory Act act or law, ; and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he/she would be entitled if their his/her application for such a benefit were approved, ; and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred percent (100%) of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan Plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (ai) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's Employer’s share of based on the same ratio as the Employer’s interest in the amount recovered to the total claim recovery. (bii) The existence of an action commenced by or on behalf of a team member an employee does not preclude the Company Employer from joining the team member's employee’s action or commencing an action on its own behalf respecting the benefits paid. (ciii) Where the Company Employer or the team member employee intends to commence or join such an action, they shall advise the other in writing of that intention. This Section does not apply to a war disability pension paid under an Act of the Governments of Canada or other Commonwealth countries.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her him to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Compensation Act or Law or any other legislation of similar purpose, and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan Pension Plan of the Company Employer that provides disability or retirement income, and (c) any amount of disability income provided by any compulsory Act or law, and any government or private auto insurance plan, and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan Social Security Plan of any country to which the disabled team member employee is entitled or to which they would be entitled if their application for such a benefit were approved, and; (e) any amount of disability income provided by any group or association disability plan Disability Plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred percent (100%) of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of their total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD Long-Term Disability benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan the Plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action governments of Canada or commencing an action on its own behalf respecting the benefits paidother commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Compensation Act or Law or any other legislation of similar purpose, and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, and (c) any amount of disability income provided by any compulsory Act or law, and any government or private auto insurance plan, and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he would be entitled if their his/her application for such a benefit were approved, and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred percent (100%) of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that the plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action governments of Canada or commencing an action on its own behalf respecting the benefits paidother Commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

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Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her them to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Compensation Act or Law or any other legislation of similar purpose, ; and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan Pension Plan of the Company Employer that provides disability or retirement income, ; and (c) any amount of disability income provided by any compulsory Act or law, and any government or private auto insurance plan; and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan Social Security Plan of any country to which the disabled team member employee is entitled or to which they would be entitled if their application for such a benefit were approved, ; and; (e) any amount of disability income provided by any group or association disability plan Disability Plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of IBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and IBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred percent (100%) of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of their total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD Long-Term Disability benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan the Plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action governments of Canada or commencing an action on its own behalf respecting the benefits paidother commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Workers' Compensation Act or Law or any other legislation of similar purpose, ; and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, ; and (c) any amount of disability income provided by any compulsory Act act or law, ; and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he/she would be entitled if their his/her application for such a benefit were approved, ; and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred percent (100%) of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan Plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (ai) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the CompanyEmployer's share of based on the same ratio as the Employer's interest in the amount recovered to the total claim recovery. (bii) The existence of an action commenced by or on behalf of a team member an employee does not preclude the Company Employer from joining the team memberemployee's action or commencing an action on its own behalf respecting the benefits paid. (ciii) Where the Company Employer or the team member employee intends to commence or join such an action, they shall advise the other in writing of that intention. This Section does not apply to a war disability pension paid under an Act of the Governments of Canada or other Commonwealth countries.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her him to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Workers' Compensation Act or Law or any other legislation of similar purpose, ; and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan Pension Plan of the Company Employer that provides disability or retirement income, ; and (c) any amount of disability income provided by any compulsory Act act or law, and any Government or private auto insurance plan; and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan Social Security Plan of any country to which the disabled team member employee is entitled or to which they he would be entitled if their his application for such a benefit were approved, ; and; (e) any amount of disability income provided by any group or association disability plan Disability Plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred percent (100%) of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD Long Term Disability benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan the Plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This Section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action Governments of Canada or commencing an action on its own behalf respecting the benefits paidother Commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her him to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Compensation Act or Law or any other legislation of similar purpose, ; and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan Pension Plan of the Company Employer that provides disability or retirement income, ; and (c) any amount of disability income provided by any compulsory Act or law, and any government or private auto insurance plan; and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan Social Security Plan of any country to which the disabled team member employee is entitled or to which they he would be entitled if their his application for such a benefit were approved, ; and; (e) any amount of disability income provided by any group or association disability plan Disability Plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of IBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and IBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred percent (100%) of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD Long-Term Disability benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan the Plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action governments of Canada or commencing an action on its own behalf respecting the benefits paidother commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred (100% ) percent of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Workers' Compensation Act or Law or any other legislation of similar purpose, and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension [plan of the Company Employer that provides disability or retirement income, and (c) any amount of disability income provided by any an y compulsory Act act or law, and any Government or private auto insurance plan, and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he would be entitled if their his/her application for such a benefit were approved, and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred (100) percent of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that the plan benefits in combination with the wage loss claim paid exceeds exceed one hundred (100% ) percent of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This Section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action Governments of Canada or commencing an action on its own behalf respecting the benefits paidother Commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Workers' Compensation Act or Law or any other legislation of similar purpose, ; and (b) any amount the disabled team member disable employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, ; and (c) any amount of disability income provided by any compulsory Act act or law, and; (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he/she would be entitled if their his/her application for such a benefit were approved, ; and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (1) one hundred percent (100%) of basic pay; or (2) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party for an injury for which the team member employee received or would receive LTD L.T.D. benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan the Plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This Section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action Governments of Canada or commencing an action on its own behalf respecting the benefits paidother Commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan Plan will be reduced by one hundred percent (100% %) of such other disability income. Other disability income shall include, but not necessarily be limited to: (a) any amount payable under the Workers Workers' Compensation Act or Law or any other legislation of similar purpose, ; and (b) any amount the disabled team member employee receives from any group insurance, wage continuation or pension plan of the Company Employer that provides disability or retirement income, ; and (c) any amount of disability income provided by any compulsory Act act or law, and any government or private auto insurance plan; and (d) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he would be entitled if their his/her application for such a benefit were approved, ; and; (e) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong or subscribe. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will not further reduce the benefit from this planPlan. Notwithstanding the above, in the case of ICBC Weekly Indemnity payments or, in the case of personal insurance coverage, integration will apply to the extent that the combination of Plan benefits and ICBC Weekly Indemnity payments or, personal insurance disability income benefits exceed either: (a) one hundred percent (100%) of basic pay; or (b) the applicable benefit percentage of the individual average total monthly income in the twelve (12) month period immediately preceding commencement of the disability, whichever is the greater. Where this provision is to apply the employee will be required to provide satisfactory evidence of his/her total monthly income. Notwithstanding the above, where a team member an employee makes a successful wage loss claim against a third party Party for an injury for which the team member employee received or would receive LTD benefits, the Company Employer will be entitled to recover or decrease plan Plan benefits by an amount equal to the amount that plan the Plan benefits in combination with the wage loss claim paid exceeds exceed one hundred percent (100% %) of pay subject to the following: (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recovery. (b) The existence of an action commenced by or on behalf of a team member pay. This Section does not preclude apply to a war disability pension paid under an Act of the Company from joining the team member's action Governments of Canada or commencing an action on its own behalf respecting the benefits paidother Commonwealth countries. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

Integration with Other Disability Income. In the event a totally disabled team member employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this planPlan, the benefits from this plan will Plan shall be reduced by one hundred per cent (100% %) of such other disability income. Other disability income shall include, include but is not necessarily be limited to: (aA) any amount payable under the Workers any Workers' Compensation Act or Law law or any other legislation of similar purpose, ; and (bB) any amount the disabled team member employee receives from any group insurance, wage continuation continuation, or pension plan of the Company Employer that provides disability or retirement income, ; and (cC) any amount of disability income provided by any an compulsory Act act or law, but excluding payments from the Insurance Corporation of BC (ICBC) for motor vehicle accidents that occurred on or after May 17, 2018; and (dD) any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled team member employee is entitled or to which they he/she would be entitled if their application had they applied for such a benefit were approved, benefit; and; (eE) any amount of disability income provided by any group or association disability plan to which the disabled team member employee might belong to or subscribesubscribe with the following exception: Employees who meet all of the following conditions: • between January 1, 2013 and March 31, 2019, the employee was a member of the bargaining unit and, while a member, purchased LTD coverage from the Doctors of BC (“DBC Plan”); • their coverage under the DBC Plan continues post April 1, 2019 and • they go on long term disability post-April 1, 2019 and receive benefits from the DBC Plan will not have the benefits from this plan reduced as a result of his/her receipt of benefits from the DBC plan. Private or individual disability plan benefits of the disabled employee shall not reduce the benefit from this Plan. The amount by which the disability benefit from this plan Plan is reduced by other disability income will normally shall be the amount to which the disabled team member employee is entitled upon becoming first eligible for such other disability income. Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements will shall not further reduce the benefit from this plan. Notwithstanding Plan, until the above, where a team member makes a successful LTD benefit payable is recalculated to reflect current wage loss claim against a third party for an injury for which the team member received or would receive LTD benefits, the Company will be entitled rates [refer also to recover or decrease plan benefits by an amount equal to the amount that plan benefits in combination with the wage loss claim paid exceeds 100% of pay subject to the following: 2 (a) The amount of plan benefit recovered or decreased will be reduced limited to the legal fees attributed to the Company's share of total claim recoveryA)(2)]. (b) The existence of an action commenced by or on behalf of a team member does not preclude the Company from joining the team member's action or commencing an action on its own behalf respecting the benefits paid. (c) Where the Company or the team member intends to commence or join such an action, they shall advise the other in writing of that intention.

Appears in 1 contract

Samples: Collective Agreement

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