Common use of Notice of Disqualification from Receipt of Disability Leave Benefits Clause in Contracts

Notice of Disqualification from Receipt of Disability Leave Benefits. An employee receiving disability leave benefits will be subject to disqualification from receiving such benefits if the employee: (a) Is removed from service or certified against, except as provided under Rules 123:1-33-09 and 123:1-41-21 of the Ohio Administrative Code; (b) Is not in an active pay status and is receiving retirement or disability retirement benefits from a State employee’s retirement or disability system; (c) Engages in any occupation for wage or profit except as provided under Section 4 of this Article; (d) Engages in any act of fraud or misrepresentation involving his or her disability claim; (e) Does not consult a State licensed practitioner for necessary medical care pursuant to Section 7 of this Article, or; (f) Does not notify the Employer of a change of address pursuant to Section 7 of this Article. If an employee engages in any of the above acts, the Director of Administrative Services will notify the employee of the intention to disqualify the employee from receiving disability leave benefits as of the date the employee first engaged in any of the prohibited acts. Such notice will contain the reason for the proposed termination of benefits. If the employee disagrees with the proposed termination, he or she may file an appeal in accordance with Section 11 of this Article. The appeal must be filed within 30 days of the notice of disqualification and must contain a statement rebutting the reasons set forth for the proposed termination of benefits.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Notice of Disqualification from Receipt of Disability Leave Benefits. An employee receiving disability leave benefits will be subject to disqualification from receiving such benefits if the employee: (a) 1. Is removed from state service or certified against, against except as provided under Rules rules 123:1-33-33- 09 and 123:1-41-21 of the Ohio Administrative Code; (b) 2. Is not in an active pay status and is receiving retirement or disability retirement benefits from a State employee’s state employees' retirement or disability system; (c) 3. Engages in any occupation for wage or profit except as provided under Section 4 47.04 of this Article; (d) 4. Engages in any act of fraud or misrepresentation involving his or his/her disability claim; (e) 5. Does not consult a State state licensed practitioner for necessary medical care pursuant to Section 7 47.07(5) of this Article, ; or; (f) 6. Does not notify the Employer Superintendent of a change of address pursuant to Section 7 47.07(6) of this Article. If an employee engages in any of the above acts, the Director of Administrative Services will notify the employee of the intention to disqualify the employee from receiving disability leave benefits as of the date the employee first engaged in any of the prohibited acts. Such notice will contain the reason for the proposed termination of benefits. If the employee disagrees with the proposed termination, he or he/she may file an appeal in accordance with Section 11 of this Articlea grievance. The appeal grievance must be filed within 30 thirty (30) days of the notice of disqualification and must contain a statement rebutting the reasons set forth for the proposed termination of benefits.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Notice of Disqualification from Receipt of Disability Leave Benefits. An employee receiving disability leave benefits will be subject to disqualification from receiving such disability benefits if the employee: (a) 1. Is removed from state service or certified against, against except as provided under Rules rules 123:1-33-09 and 123:1-41-21 of the Ohio Administrative Code; (b) 2. Is not in an active pay status and is receiving retirement or disability retirement benefits from a State employee’s state employees' retirement or disability system; (c) 3. Engages in any occupation for wage or profit except as provided under Section 4 43.04 of this Article; (d) 4. Engages in any act of fraud or misrepresentation involving his or his/her disability claim; (e) 5. Does not consult a State state licensed practitioner for necessary medical care pursuant to Section 7 43.07(6) of this Article, ; or; (f) 6. Does not notify the Employer Appointing Authority or designee of a change of address pursuant to Section 7 43.06(7) of this Article; or 7. Is convicted of the commission of a felony. If an employee engages in any of the above acts, the Director of Administrative Services DAS or designee will notify the employee of the intention to disqualify the employee from receiving disability leave benefits as of the date the employee first engaged in any of the prohibited acts. Such notice will contain the reason for the proposed termination of benefits. If the employee disagrees with the proposed terminationtermination of benefits, he or he/she may file an appeal appeal, in accordance with Section 11 of this Article. The appeal must be filed within 30 days of the notice of disqualification and must contain a statement rebutting the reasons set forth for the proposed termination of benefitsArticle 43.11.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Notice of Disqualification from Receipt of Disability Leave Benefits. An employee receiving disability leave benefits will be subject to disqualification from receiving such benefits if the employee: (a) Is removed from service or certified against, except as provided under Rules 123:1-Rules123:1- 33-09 and 123:1-41-21 of the Ohio Administrative Code; (b) Is not in an active pay status and is receiving retirement or disability retirement benefits from a State employee’s retirement or disability system; (c) Engages in any occupation for wage or profit except as provided under Section 4 of this Article; (d) Engages in any act of fraud or misrepresentation involving his or her disability claim; (e) Does not consult a State licensed practitioner for necessary medical care pursuant to Section 7 of this Article, or; (f) Does not notify the Employer of a change of address pursuant to Section 7 of this Article. If an employee engages in any of the above acts, the Director of Administrative Services will notify the employee of the intention to disqualify the employee from receiving disability leave benefits as of the date the employee first engaged in any of the prohibited acts. Such notice will contain the reason for the proposed termination of benefits. If the employee disagrees with the proposed termination, he or she may file an appeal in accordance with Section 11 of this Article. The appeal must be filed within 30 thirty (30) days of the notice of disqualification and must contain a statement rebutting the reasons set forth for the proposed termination of benefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Notice of Disqualification from Receipt of Disability Leave Benefits. An employee receiving disability leave benefits will be subject to disqualification from receiving such benefits if the employee: (a) 1. Is removed from state service or certified against, against except as provided under Rules rules 123:1-33-09 and 123:1-41-21 of the Ohio Administrative Code; (b) 2. Is not in an active pay status and is receiving retirement or disability retirement benefits from a State employee’s state employees' retirement or disability system; (c) 3. Engages in any occupation for wage or profit except as provided under Section 4 47.04 of this Article; (d) 4. Engages in any act of fraud or misrepresentation involving his or his/her disability claim; (e) 5. Does not consult a State state licensed practitioner for necessary medical care pursuant to Section 7 47.07(5) of this Article, ; or; (f) 6. Does not notify the Employer Superintendent of a change of address pursuant to Section 7 47.07(6) of this Article. If an employee engages in any of the above acts, the Director of Administrative Services will notify the employee of the intention to disqualify the employee from receiving disability leave benefits as of the date the employee first engaged in any of the prohibited acts. Such notice will contain the reason for the proposed termination of benefits. If the employee disagrees with the proposed termination, he or he/she may file an appeal in accordance with Section 11 of this Articlea grievance. The appeal grievance must be filed within 30 thirty (30) days of the notice of disqualification and must contain a statement rebutting the reasons set forth for the proposed termination of benefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Notice of Disqualification from Receipt of Disability Leave Benefits. An employee receiving disability leave benefits will be subject to disqualification from receiving such benefits if the employee: (a) Is removed from service or certified against, except as provided under Rules 123:1-33-09 and 123:1-41-21 of the Ohio Administrative Code; (b) Is not in an active pay status and is receiving retirement or disability retirement benefits from a State employee’s retirement or of disability system; (c) Engages in any occupation for wage or profit except as provided under Section 4 of this Article; (d) Engages Xxxxxxx in any act of fraud or misrepresentation involving his or her disability claim; (e) Does not consult a State licensed practitioner for necessary medical care pursuant to Section 7 of this Article, or; (f) Does not notify the Employer of a change of address pursuant to Section 7 of this Article. If an employee engages in any of the above acts, the Director of Administrative Services will notify the employee of the his intention to disqualify the employee from receiving disability leave benefits as of the date the employee first engaged in any of the prohibited acts. Such notice will contain the reason for the proposed termination of benefits. If the employee disagrees with the proposed termination, he or she may file an appeal in accordance with Section 11 of this Article. The appeal must be filed within 30 days of the notice of disqualification and must contain a statement rebutting the reasons set forth for the proposed termination of benefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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