Common use of Long Term Disability Income Clause in Contracts

Long Term Disability Income. 22.1. Effective the first day of the month following the date of hire, an Employee shall be eligible for long-term income protection to age 70 for disability; however, there shall be no such protection for disability caused by any injury or illness for which the Employee received professional medical care or treatment within ninety (90) consecutive days prior to when the Employee otherwise becomes eligible for such protection, unless ninety (90) consecutive days elapse from the time when the Employee otherwise would be eligible for such protection and during such ninety (90) consecutive days the Employee neither receives nor requires professional medical care or treatment for such injury or illness. 22.2. For the purposes of this Article, disability means that which is caused by illness or injury which occurs during the Employee's term of employment and which prevents the Employee from performing the major tasks of the Employee's position. 22.3. Payment of benefits pursuant to this article to a disabled Employee shall commence when the employer determines that the Employee qualifies for benefits, and does not provide benefits under Article 22.4(b). The amount of such protection shall be 65% of the Employee's basic Hourly Rate as of the time that Employee's sick leave is exhausted, or the parties agree to commencement of such payments but shall not exceed an amount equivalent to a monthly rate of pay of $3,500; however, for any pay period, the amount of such protection shall be reduced by any amount that the Employee receives for such pay period as a retirement or disability pension from the Public Employees Retirement Association or from the federal government pursuant to the federal Old-Age, Survivors and Disability Insurance Act, and by any other disability insurance or disability annuity payment, and by any amount that the Employee receives as worker's compensation in lieu of wages or salary. Any cost of living adjustment to any amount received as a retirement or disability pension or as worker's compensation shall not be used to reduce the amount of such protection. The amount of such protection for any pay period shall also be reduced by any amount that the Employee receives as wages or salary during that pay period, but only when the total amount that the Employee has received for wages or salary during the calendar year exceeds $5,000. 22.4. a. Payment of benefits due under this article shall be calculated for each regular pay period, and shall be paid for the period at the same time as Employees are then paid pursuant to Article 23 of this Agreement. For any pay period the City may deduct from the payment of benefits any amount which the Employee previously received as payments of benefits but to which the Employee was not entitled because of the provisions of this Article.

Long Term Disability Income. 22.1. Effective the first day of the month following the date of hire, an Employee shall be eligible for long-term income protection to age 70 for disability; however, there shall be no such protection for disability caused by any injury or illness for which the Employee received professional medical care or treatment within ninety (90) consecutive days prior to when the Employee otherwise becomes eligible for such protection, unless ninety (90) consecutive days elapse from the time when the Employee otherwise would be eligible for such protection and during such ninety (90) consecutive days the Employee neither receives nor requires professional medical care or treatment for such injury or illness. 22.2. For the purposes of this Article, disability means that which is caused by illness or injury which occurs during the Employee's term of employment and which prevents the Employee from performing the major tasks of the Employee's position. 22.3. Payment of benefits pursuant to this article to a disabled Employee shall commence when the employer determines that the Employee qualifies for benefits, and does not provide benefits under Article 22.4(b). The amount of such protection shall be 65% of the Employee's basic Hourly Rate as of the time that Employee's sick leave is exhausted, or the parties agree to commencement of such payments but shall not exceed an amount equivalent to a monthly rate of pay of $3,500; however, for any pay period, the amount of such protection shall be reduced by any amount that the Employee receives for such pay period as a retirement or disability pension from the Public Employees Retirement Association or from the federal government pursuant to the federal Old-Age, Survivors and Disability Insurance Act, and by any other disability insurance or disability annuity payment, and by any amount that the Employee receives as worker's compensation in lieu of wages or salary. Any cost of living adjustment to any amount received as a retirement or disability pension or as worker's compensation shall not be used to reduce the amount of such protection. The amount of such protection for any pay period shall also be reduced by any amount that the Employee receives as wages or salary during that pay period, but only when the total amount that the Employee has received for wages or salary during the calendar year exceeds $5,000. 22.4. a. Payment of benefits due under this article shall be calculated for each regular pay period, and shall be paid for the period at the same time as Employees are then paid pursuant to Article 23 of this Agreement. For any pay period the City may deduct from the payment of benefits any amount which the Employee previously received as payments of benefits but to which the Employee was not entitled because of the provisions of this Article. 22.5. As benefits due under this article, the employer may offer to any Employee who is disabled an assignment, at such Employee's present rate of pay, to any position, or one with tasks or equipment modified to accommodate the Employee's medical restrictions, in their present or lower classification, the duties of which the Employee is medically able to perform. Such assignment shall not result in the denial of, promotion to, or the layoff of, a classified Employee. 22.6. Within 24 months from the date of injury or illness causing such disability, if the Employee is still receiving benefits pursuant to this article, the Employee shall: (a) Return to the position with the City which the Employee occupied when they became disabled; or return to a position with the City, which may have tasks or equipment modified to accommodate Employee's medical restrictions, for which the Employee is qualified, if such position is available; but only if the Employee provides written information from a physician, chosen and compensated by the City, which indicates that the Employee is then capable of performing the duties of such position; or (b) Request rehabilitation or retraining designed to return the Employee to other work which produces an economic status as close as possible to that enjoyed by the Employee before the illness or injury; the costs of such rehabilitation and/or retraining shall be borne by the City; such rehabilitation or retraining may include, but is not limited to, medical evaluation, physical rehabilitation, work evaluation, counseling, job placement, and implementation of on-the-job short-term training; or (c) Apply for permanent total disability status. Total disability, (as defined in Minnesota Statue 176.101, Subd. 5) means the total and permanent loss of the sight of both eyes, the loss of both arms at the shoulder, the loss of both legs so close to the hips that no effective artificial member can be used, complete and permanent paralysis, total and permanent loss of mental faculties, or any other injury which totally incapacitates the Employee from working at an occupation which brings them an income. 22.7. Receipt of long-term income protection benefits shall cease at the expiration of 24 months from the date of injury or illness causing such total disability unless the Employee has complied with Section 22.5 of this Article and has been determined to be returned to work, rehabilitated and/or retrained, or eligible for continuing total disability benefits because the Employee is disabled as defined in Section 22.5. Such determination shall occur when the employer notifies the Employee, in writing, of the decision and the medical data, including the attending physician's report, that forms a basis for the determination. The determination may be grieved pursuant to Article 32.

Long Term Disability Income. 22.1. Effective 26.1 Any employee who has been continuously employed by the first day of City for not less than six (6) months in the month following the date of hire, an Employee classified and/or unclassified service shall be eligible for long-long term income protection to age 70 for disability; however, there shall be no such protection for total disability caused by any injury or illness for which the Employee employee received professional medical care or treatment within ninety (90) consecutive days prior to when the Employee employee otherwise becomes eligible for such protection, unless ninety (90) consecutive days elapse from the time when the Employee employee otherwise would be eligible for such protection and during such ninety (90) consecutive days the Employee employee neither receives nor requires required professional medical care or treatment for such injury or illness. 22.2. 26.2 For the purposes of this Article, disability means that which is caused by illness or injury which occurs during the Employeeemployee's term of employment and which prevents the Employee employee from performing the major tasks of the Employeeemployee's position. 22.3. 26.3 Payment of benefits pursuant to this article to a disabled Employee employee shall commence when the employer determines that the Employee qualifies for benefits, and does not provide benefits under employee exhausts his or her allowance of 120 days of sick leave with full pay provided by Article 22.4(b)24 of this Agreement. The amount of such protection payments shall be 65% of the Employeeemployee's basic Hourly Rate hourly rate as of the time that Employee's sick leave is exhausted, or the parties agree to commencement of such payments protection, but shall not exceed an amount equivalent to a monthly rate of pay of $3,500; however, for any pay period, the amount of such protection shall be reduced by any amount that the Employee employee receives for such pay period as a retirement or disability pension from the Public Employees Retirement Association Association, the Duluth Firemen's Relief Association, the Duluth Police Pension Association, or from the federal government pursuant to the federal Old-Age, Survivors and Disability Insurance Act, and by any other disability insurance or disability annuity payment, and by any amount that the Employee employee receives as worker's compensation in lieu of wages or salary. Any cost of living adjustment to any amount received as a retirement or disability pension or as worker's compensation shall not be used to reduce the amount of such protection. The amount of such protection for any pay period shall also be reduced by any amount that the Employee employee receives as wages or salary during that pay period, but only when the total amount that the Employee employee has received for wages or salary during the calendar year exceeds $5,000. 22.4. a. Payment 26.4 Payments of benefits due under this article shall be calculated for each regular pay period, and shall be paid for the period at the same time as Employees employees are then paid pursuant to Article 23 22 of this Agreement. For any pay period the City may deduct from the payment of benefits any amount which the Employee employee previously received as payments of benefits but to which the Employee employee was not entitled because of the provisions of this Article. 26.5 As benefits due under this article the employer may offer to any employee who is disabled, an assignment within the work structure of the Fire Department, at such employee's present rate of pay, to any position, or one with tasks or equipment modified to accommodate employees medical restrictions, in his or her present or lower classification, the duties of which the employee is medically able to perform. Such assignment shall not result in the denial of promotion to, or the layoff of, a classified employee. 26.6 Within 24 months from the date of commencement of LTD benefit payments, if the employee is still receiving benefits pursuant to this article, the employee shall: (a) Return to the position with the City which the employee occupied when he or she became disabled; or return to a position with the City, which may have tasks or equipment modified to accommodate the employee's medical restrictions, for which the employee is qualified, if such position is available; but only if the employee provides written information from a physician, chosen and compensated by the City, which indicates that the employee is then capable of performing the duties of such position; or (b) Request rehabilitation or retraining designed to return the employee to other work which produces an economic status as close as possible to that enjoyed by the employee before the illness or injury; the costs of such rehabilitation and/or retraining shall be borne by the City; such rehabilitation or retraining may include, but is not limited to, medical evaluation, physical rehabilitation, work evaluation, counseling, job placement, and implementation of on-the-job short-term training; or (c) Apply for continuing permanent total disability status. Total disability (as defined in Minnesota Statutes 176.101, Subd. 5) means the total and permanent loss of the sight of both eyes, the loss of both arms at the shoulder, the loss of both legs so close to the hips that no effective artificial member can be used, complete and permanent paralysis, total and permanent loss of mental faculties, or any other injury or illness which totally incapacitates the employee from working at an occupation which brings him or her an income. 26.7 Receipt of long-term income protection benefits shall cease at the expiration of 24 months from the date of commencement of LTD benefit payments unless the employee has complied with Article 26.6 and has been determined to be returned to work, rehabilitated and/or retrained, or eligible for continuing total disability benefits because he or she is disabled as defined in Article 26.6(c). Such determination shall occur upon medical verification by the employee's treating physician and a physician appointed by the City that the determination is consistent with the employee's medical condition. In event of disagreement, a third person mutually agreed upon by the employee and the City shall act as arbitrator. The arbitrator's decision as to whether the determination is consistent with the employee's medical condition shall be binding on both parties. 26.8 While an employee is entitled to receive long-term disability income protection pursuant to this Agreement, the Employer shall provide hospital-medical insurance coverage and monthly Employer premium cost-sharing for such employee. The Employer shall deduct from each eligible and enrolled Employee’s long-term disability income protection payments the amount by which the monthly premium cost of the Employee’s single or family-dependent hospital-medical plan coverage exceeds the Employer’s contribution stated in Article 18.1(a) and (b) above.

Long Term Disability Income. 22.129.1. Effective Any Employee who has been Continuously Employed by the first day of City for not less than six (6) months in the month following the date of hire, an Employee classified and/or unclassified service shall be eligible for long-term income protection to age 70 for disability; however, there shall be no such protection for disability caused by any injury or illness for which the Employee received professional medical care or treatment within ninety (90) consecutive days prior to when the Employee otherwise becomes eligible for such protection, unless ninety (90) consecutive days elapse from the time when the Employee otherwise would be eligible for such protection and during such ninety (90) consecutive days the Employee neither receives nor requires professional medical care or treatment for such injury or illness. 22.229.2. For the purposes of this Article, disability means that which is caused by illness or injury which occurs during the Employee's term of employment and which prevents the Employee from performing the major tasks of the Employee's position. 22.329.3. Payment of benefits pursuant to this article to a disabled Employee shall commence when the employer determines that the Employee qualifies for benefits, and does not provide benefits under exhausts his or her allowance of sick leave with full pay provided by Article 22.4(b)28.1 of this Agreement. The amount of such protection shall be 65% of the Employee's basic Basic Hourly Rate as of the time that Employee's sick leave is exhausted, or the parties agree to commencement of such payments payments, but shall not exceed an amount equivalent to a monthly rate of pay of $3,500; however, for any pay period, the amount of such protection shall be reduced by any amount that the Employee receives for such pay period as a retirement or disability pension from the Public Employees Retirement Association Association, the Duluth Firemen's Relief Association, the Duluth Police Pension Association, or from the federal government pursuant to the federal Old-Age, Survivors and Disability Insurance Act, and by any other disability insurance or disability annuity payment, and by any amount that the Employee receives as worker's workers' compensation in lieu of wages or salary. Any cost of living adjustment to any amount received as a retirement or disability pension or as worker's workers' compensation shall not be used to reduce the amount of such protection. The amount of such protection for any pay period shall also be reduced by any amount that the Employee receives as wages or salary during that pay period, but only when the total amount that the Employee has received for wages or salary during the calendar year exceeds $5,000. 22.429.4. a. Payment of benefits due under this article shall be calculated for each regular pay period, and shall be paid for the period at the same time as Employees are then paid pursuant to Article 23 26 of this Agreement. For any pay period the City may deduct from the payment of benefits any amount which the Employee previously received as payments of benefits but to which the Employee was not entitled because of the provisions of this Article.

Long Term Disability Income. 22.131.1. Effective Any Employee who has been Continuously Employed by the first day of City for not less than six (6) months in the month following the date of hire, an Employee classified and/or unclassified service shall be eligible for long-term income protection to age 70 for disability; however, there shall be no such protection for disability caused by any injury or illness for which the Employee received professional medical care or treatment within ninety (90) consecutive days prior to when the Employee otherwise becomes eligible for such protection, unless ninety (90) consecutive days elapse from the time when the Employee otherwise would be eligible for such protection and during such ninety (90) consecutive days the Employee neither receives nor requires professional medical care or treatment for such injury or illness. 22.231.2. For the purposes of this Article, disability means that which is caused by illness or injury which occurs during the Employee's term of employment and which prevents the Employee from performing the major tasks of the Employee's positionPosition. 22.331.3. Payment of benefits pursuant to this article to a disabled Employee shall commence when the employer determines that the Employee qualifies for benefits, and does not provide benefits under exhausts his or her allowance of 120 days of sick leave with full pay provided by Article 22.4(b)29 of this agreement. The amount of such protection shall be 65% of the Employee's basic Basic Hourly Rate as of the time that Employee's sick leave is exhausted, or the parties agree to commencement of such payments payments, but shall not exceed an amount equivalent to a monthly rate of pay of $3,500; 5,000 however, for any pay period, the amount of such protection shall be reduced by any amount that the Employee receives for such pay period as a retirement or disability pension from the Public Employees Retirement Association Association, the Duluth Firemen's Relief Association, the Duluth Police Pension Association, or from the federal government pursuant to the federal Federal Old-Age, Survivors and Disability Insurance Act, and by any other disability insurance or disability annuity payment, and by any amount that the Employee receives as worker's workers' compensation in lieu of wages or salary. Any cost of living adjustment to any amount received as a retirement or disability pension or as worker's workers' compensation shall not be used to reduce the amount of such protection. The amount of such protection for any pay period shall also be reduced by any amount that the Employee receives as wages or salary during that pay period, but only when the total amount that the Employee has received for wages or salary during the calendar year exceeds $5,000. 22.4. a. (a) Payment of benefits due under this article shall be calculated for each regular pay period, and shall be paid for the period at the same time as Employees are then paid pursuant to Article 23 25 of this Agreement. For any pay period the City may deduct from the payment of benefits any amount which the Employee previously received as payments of benefits but to which the Employee was not entitled because of the provisions of this Article. (b) As benefits due under this article, the Employer may offer to any Employee who is disabled an Assignment, at such Employee's present rate of pay, to any Position, or one with tasks or equipment modified to accommodate Employee's medical restrictions, in his or her present or lower classification, the duties of which the Employee is medically able to perform. Such Assignment shall not result in the denial of promotion to, or the layoff of, a classified Employee. 31.5. Within 24 months from the date of injury or illness causing such disability, if the Employee is still receiving benefits pursuant to this article, the Employee shall: (a) Return to the Position with the City which the Employee occupied when he or she became disabled; or return to a Position with the City, which may have tasks or equipment modified to accommodate Employee's medical restrictions, for which the Employee is qualified, if such Position is available; but only if the Employee provides written information from a physician, chosen and compensated by the City, which indicates that the Employee is then capable of performing the duties of such Position; or (b) Request rehabilitation or retraining designed to return the Employee to other work which produces an economic status as close as possible to that enjoyed by the Employee before the illness or injury; the costs of such rehabilitation and/or retraining shall be borne by the City; such rehabilitation or retraining may include, but is not limited to medical evaluation, physical rehabilitation, work evaluation, counseling, job placement, and implementation of on-the-job short- term training; or (c) Apply for permanent total disability status. Total disability, (as defined in Minnesota Statute 176.101, Subd. 5) means the total and permanent loss of the sight of both eyes, the loss of both arms at the shoulder, the loss of both legs so close to the hips that no effective artificial member can be used, complete and permanent paralysis, total and permanent loss of mental faculties, or any other injury which totally incapacitates the Employee from working at an occupation which brings him or her an income. 31.6. Receipt of long-term income protection benefits shall cease at the expiration of 24 months from the date of injury or illness causing such total disability unless the Employee has complied with Section 31.5 of this Article and has been determined to be returned to work, rehabilitated and/or retrained, or eligible for continuing total disability benefits because he or she is disabled as defined in paragraph 31.5. Such determination shall occur upon the occurrence of paragraph 31.7. 31.7. Medical verification by the Employee's treating physician and a physician appointed by the City that the determination is consistent with the Employee's medical condition. In event of disagreement, a third physician mutually agreed upon by the Employee and the City shall act as arbitrator. The arbitrator's decision as to whether the determination is consistent with the Employee's medical condition shall be binding on both parties, and not subject to the grievance procedure. 31.8. Disagreements under this Article, except Section 31.7, shall be subject to the Grievance procedure.

Long Term Disability Income. 22.131.1. Effective Any Employee who has been Continuously Employed by the first day of City for not less than six (6) months in the month following the date of hire, an Employee classified and/or unclassified service shall be eligible for long-term income protection to age 70 for disability; however, there shall be no such protection for disability caused by any injury or illness for which the Employee received professional medical care or treatment within ninety (90) consecutive days prior to when the Employee otherwise becomes eligible for such protection, unless ninety (90) consecutive days elapse from the time when the Employee otherwise would be eligible for such protection and during such ninety (90) consecutive days the Employee neither receives nor requires professional medical care or treatment for such injury or illness. 22.231.2. For the purposes of this Articlearticle, disability means that which is caused by illness or injury which occurs during the Employee's term of employment and which prevents the Employee from performing the major tasks of the Employee's positionPosition. 22.331.3. Payment of benefits pursuant to this article to a disabled Employee shall commence when the employer determines that the Employee qualifies for benefits, and does not provide benefits under exhausts his or her allowance of 120 days of sick leave with full pay provided by Article 22.4(b)29 of this agreement. The amount of such protection shall be 65% of the Employee's basic Basic Hourly Rate as of the time that Employee's sick leave is exhausted, or the parties agree to commencement of such payments payments, but shall not exceed an amount equivalent to a monthly rate of pay of $3,500; 5,000 however, for any pay period, the amount of such protection shall be reduced by any amount that the Employee receives for such pay period as a retirement or disability pension from the Public Employees Retirement Association Association, the Duluth Firemen's Relief Association, the Duluth Police Pension Association, or from the federal government pursuant to the federal Federal Old-Age, Survivors and Disability Insurance Act, and by any other disability insurance or disability annuity payment, and by any amount that the Employee receives as worker's workers’ compensation in lieu of wages or salary. Any cost of living adjustment to any amount received as a retirement or disability pension or as worker's workers’ compensation shall not be used to reduce the amount of such protection. The amount of such protection for any pay period shall also be reduced by any amount that the Employee receives as wages or salary during that pay period, but only when the total amount that the Employee has received for wages or salary during the calendar year exceeds $5,000. 22.4. a. (a) Payment of benefits due under this article shall be calculated for each regular pay period, and shall be paid for the period at the same time as Employees are then paid pursuant to Article 23 25 of this Agreement. For any pay period the City may deduct from the payment of benefits any amount which the Employee previously received as payments of benefits but to which the Employee was not entitled because of the provisions of this Article. (b) As benefits due under this article, the employer may offer to any Employee who is disabled an Assignment, at such Employee's present rate of pay, to any Position, or one with tasks or equipment modified to accommodate Employee's medical restrictions, in his or her present or lower classification, the duties of which the Employee is medically able to perform. Such Assignment shall not result in the denial of promotion to, or the layoff of, a classified Employee. 31.5. Within 24 months from the date of injury or illness causing such disability, if the Employee is still receiving benefits pursuant to this article, the Employee shall: (a) Return to the Position with the City which the Employee occupied when he or she became disabled; or return to a Position with the City, which may have tasks or equipment modified to accommodate Employee's medical restrictions, for which the Employee is qualified, if such Position is available; but only if the Employee provides written information from a physician, chosen and compensated by the City, which indicates that the Employee is then capable of performing the duties of such Position; or (b) Request rehabilitation or retraining designed to return the Employee to other work which produces an economic status as close as possible to that enjoyed by the Employee before the illness or injury; the costs of such rehabilitation and/or retraining shall be borne by the City; such rehabilitation or retraining may include, but is not limited to medical evaluation, physical rehabilitation, work evaluation, counseling, job placement, and implementation of on-the-job short- term training; or (c) Apply for permanent total disability status. Total disability, (as defined in Minnesota Statute 176.101, Subd. 5) means the total and permanent loss of the sight of both eyes, the loss of both arms at the shoulder, the loss of both legs so close to the hips that no effective artificial member can be used, complete and permanent paralysis, total and permanent loss of mental faculties, or any other injury which totally incapacitates the Employee from working at an occupation which brings him or her an income. 31.6. Receipt of long-term income protection benefits shall cease at the expiration of 24 months from the date of injury or illness causing such total disability unless the Employee has complied with Section 31.5 of this Article and has been determined to be returned to work, rehabilitated and/or retrained, or eligible for continuing total disability benefits because he or she is disabled as defined in paragraph 31.5. Such determination shall occur upon the occurrence of paragraph 31.7. 31.7. Medical verification by the Employee's treating physician and a physician appointed by the City that the determination is consistent with the Employee's medical condition. In event of disagreement, a third physician mutually agreed upon by the Employee and the City shall act as arbitrator. The arbitrator's decision as to whether the determination is consistent with the Employee's medical condition shall be binding on both parties, and not subject to the grievance procedure. 31.8. Disagreements under this article, except Section 31.7, shall be subject to the Grievance procedure.

Long Term Disability Income. 22.1. Effective 26.1 Any employee who has been continuously employed by the first day of City for not less than six (6) months in the month following the date of hire, an Employee classified and/or unclassified service shall be eligible for long-long term income protection to age 70 for disability; however, there shall be no such protection for total disability caused by any injury or illness for which the Employee employee received professional medical care or treatment within ninety (90) consecutive days prior to when the Employee employee otherwise becomes eligible for such protection, unless ninety (90) consecutive days elapse from the time when the Employee employee otherwise would be eligible for such protection and during such ninety (90) consecutive days the Employee employee neither receives nor requires required professional medical care or treatment for such injury or illness. 22.2. 26.2 For the purposes of this Article, disability means that which is caused by illness or injury which occurs during the Employeeemployee's term of employment and which prevents the Employee employee from performing the major tasks of the Employeeemployee's position. 22.3. 26.3 Payment of benefits pursuant to this article to a disabled Employee employee shall commence when the employer determines that the Employee qualifies for benefits, and does not provide benefits under employee exhausts their allowance of 120 days of sick leave with full pay provided by Article 22.4(b)24 of this Agreement. The amount of such protection payments shall be 65% of the Employeeemployee's basic Hourly Rate hourly rate as of the time that Employee's sick leave is exhausted, or the parties agree to commencement of such payments protection, but shall not exceed an amount equivalent to a monthly rate of pay of $3,500; however, for any pay period, the amount of such protection shall be reduced by any amount that the Employee employee receives for such pay period as a retirement or disability pension from the Public Employees Retirement Association Association, the Duluth Firemen's Relief Association, the Duluth Police Pension Association, or from the federal government pursuant to the federal Old-Age, Survivors and Disability Insurance Act, and by any other disability insurance or disability annuity payment, and by any amount that the Employee employee receives as worker's compensation in lieu of wages or salary. Any cost of living adjustment to any amount received as a retirement or disability pension or as worker's compensation shall not be used to reduce the amount of such protection. The amount of such protection for any pay period shall also be reduced by any amount that the Employee employee receives as wages or salary during that pay period, but only when the total amount that the Employee employee has received for wages or salary during the calendar year exceeds $5,000. 22.4. a. Payment 26.4 Payments of benefits due under this article shall be calculated for each regular pay period, and shall be paid for the period at the same time as Employees employees are then paid pursuant to Article 23 22 of this Agreement. For any pay period the City may deduct from the payment of benefits any amount which the Employee employee previously received as payments of benefits but to which the Employee employee was not entitled because of the provisions of this Article. 26.5 As benefits due under this article the employer may offer to any employee who is disabled, an assignment within the work structure of the Fire Department, at such employee's present rate of pay, to any position, or one with tasks or equipment modified to accommodate employees medical restrictions, in their present or lower classification, the duties of which the employee is medically able to perform. Such assignment shall not result in the denial of promotion to, or the layoff of, a classified employee. 26.6 Within 24 months from the date of commencement of LTD benefit payments, if the employee is still receiving benefits pursuant to this article, the employee shall: (a) Return to the position with the City which the employee occupied when they became disabled; or return to a position with the City, which may have tasks or equipment modified to accommodate the employee's medical restrictions, for which the employee is qualified, if such position is available; but only if the employee provides written information from a physician, chosen and compensated by the City, which indicates that the employee is then capable of performing the duties of such position; or (b) Request rehabilitation or retraining designed to return the employee to other work which produces an economic status as close as possible to that enjoyed by the employee before the illness or injury; the costs of such rehabilitation and/or retraining shall be borne by the City; such rehabilitation or retraining may include, but is not limited to, medical evaluation, physical rehabilitation, work evaluation, counseling, job placement, and implementation of on-the-job short-term training; or (c) Apply for continuing permanent total disability status. Total disability (as defined in Minnesota Statutes 176.101, Subd. 5) means the total and permanent loss of the sight of both eyes, the loss of both arms at the shoulder, the loss of both legs so close to the hips that no effective artificial member can be used, complete and permanent paralysis, total and permanent loss of mental faculties, or any other injury or illness which totally incapacitates the employee from working at an occupation which brings him or her an income. 26.7 Receipt of long-term income protection benefits shall cease at the expiration of 24 months from the date of commencement of LTD benefit payments unless the employee has complied with Article 26.6 and has been determined to be returned to work, rehabilitated and/or retrained, or eligible for continuing total disability benefits because the employee is disabled as defined in Article 26.6(c). Such determination shall occur upon medical verification by the employee's treating physician and a physician appointed by the City that the determination is consistent with the employee's medical condition. In event of disagreement, a third person mutually agreed upon by the employee and the City shall act as arbitrator. The arbitrator's decision as to whether the determination is consistent with the employee's medical condition shall be binding on both parties. 26.8 While an employee is entitled to receive long-term disability income protection pursuant to this Agreement, the Employer shall provide hospital-medical insurance coverage and monthly Employer premium cost-sharing for such employee. The Employer shall deduct from each eligible and enrolled Employee’s long-term disability income protection payments the amount by which the monthly premium cost of the Employee’s single or family-dependent hospital-medical plan coverage exceeds the Employer’s contribution stated in Article 18.1(a) and (b) above.

Long Term Disability Income. 22.131.1. Effective Any Employee who has been Continuously Employed by the first day of City for not less than six (6) months in the month following the date of hire, an Employee classified and/or unclassified service shall be eligible for long-term income protection to age 70 for disability; however, there shall be no such protection for disability caused by any injury or illness for which the Employee received professional medical care or treatment within ninety (90) consecutive days prior to when the Employee otherwise becomes eligible for such protection, unless ninety (90) consecutive days elapse from the time when the Employee otherwise would be eligible for such protection and during such ninety (90) consecutive days the Employee neither receives nor requires professional medical care or treatment for such injury or illness. 22.231.2. For the purposes of this Articlearticle, disability means that which is caused by illness or injury which occurs during the Employee's term of employment and which prevents the Employee from performing the major tasks of the Employee's positionPosition. 22.331.3. Payment of benefits pursuant to this article to a disabled Employee shall commence when the employer determines that the Employee qualifies for benefits, and does not provide benefits under exhausts his or her allowance of 120 days of sick leave with full pay provided by Article 22.4(b)29 of this agreement. The amount of such protection shall be 65% of the Employee's basic Basic Hourly Rate as of the time that Employee's sick leave is exhausted, or the parties agree to commencement of such payments payments, but shall not exceed an amount equivalent to a monthly rate of pay of $3,500; however, for any pay period, the amount of such protection shall be reduced by any amount that the Employee receives for such pay period as a retirement or disability pension from the Public Employees Retirement Association Association, the Duluth Firemen's Relief Association, the Duluth Police Pension Association, or from the federal government pursuant to the federal Federal Old-Age, Survivors and Disability Insurance Act, and by any other disability insurance or disability annuity payment, and by any amount that the Employee receives as worker's workers’ compensation in lieu of wages or salary. Any cost of living adjustment to any amount received as a retirement or disability pension or as worker's workers’ compensation shall not be used to reduce the amount of such protection. The amount of such protection for any pay period shall also be reduced by any amount that the Employee receives as wages or salary during that pay period, but only when the total amount that the Employee has received for wages or salary during the calendar year exceeds $5,000. 22.4. a. (a) Payment of benefits due under this article shall be calculated for each regular pay period, and shall be paid for the period at the same time as Employees are then paid pursuant to Article 23 25 of this Agreement. For any pay period the City may deduct from the payment of benefits any amount which the Employee previously received as payments of benefits but to which the Employee was not entitled because of the provisions of this Article. (b) As benefits due under this article, the employer may offer to any Employee who is disabled an Assignment, at such Employee's present rate of pay, to any Position, or one with tasks or equipment modified to accommodate Employee's medical restrictions, in his or her present or lower classification, the duties of which the Employee is medically able to perform. Such Assignment shall not result in the denial of promotion to, or the layoff of, a classified Employee. 31.5. Within 24 months from the date of injury or illness causing such disability, if the Employee is still receiving benefits pursuant to this article, the Employee shall: (a) Return to the Position with the City which the Employee occupied when he or she became disabled; or return to a Position with the City, which may have tasks or equipment modified to accommodate Employee's medical restrictions, for which the Employee is qualified, if such Position is available; but only if the Employee provides written information from a physician, chosen and compensated by the City, which indicates that the Employee is then capable of performing the duties of such Position; or (b) Request rehabilitation or retraining designed to return the Employee to other work which produces an economic status as close as possible to that enjoyed by the Employee before the illness or injury; the costs of such rehabilitation and/or retraining shall be borne by the City; such rehabilitation or retraining may include, but is not limited to medical evaluation, physical rehabilitation, work evaluation, counseling, job placement, and implementation of on-the-job short- term training; or (c) Apply for permanent total disability status. Total disability, (as defined in Minnesota Statute 176.101, Subd. 5) means the total and permanent loss of the sight of both eyes, the loss of both arms at the shoulder, the loss of both legs so close to the hips that no effective artificial member can be used, complete and permanent paralysis, total and permanent loss of mental faculties, or any other injury which totally incapacitates the Employee from working at an occupation which brings him or her an income. 31.6. Receipt of long-term income protection benefits shall cease at the expiration of 24 months from the date of injury or illness causing such total disability unless the Employee has complied with Section 31.5 of this Article and has been determined to be returned to work, rehabilitated and/or retrained, or eligible for continuing total disability benefits because he or she is disabled as defined in paragraph 31.5. Such determination shall occur upon the occurrence of paragraph 31.7. 31.7. Medical verification by the Employee's treating physician and a physician appointed by the City that the determination is consistent with the Employee's medical condition. In event of disagreement, a third physician mutually agreed upon by the Employee and the City shall act as arbitrator. The arbitrator's decision as to whether the determination is consistent with the Employee's medical condition shall be binding on both parties. 31.8. Disagreements under this article shall be subject to the Grievance procedure.