Common use of State Benefit and Other Compensation Clause in Contracts

State Benefit and Other Compensation. (a) An Employee’s State Benefit and other Compensation for a Week means: (1) the amount of State System Benefit received or receivable by the Employee for the Week or the estimated amount which the Employee would have received if not ineligible therefore solely: (i) as set forth in item (8) of Section 1(b) of Article I (concerning a Week for which the Employee’s pay received or receivable from the Company was less than the amount which disqualifies (ii) under certain of the circumstances determined to be covered by item (11) of Section 1(b) of Article I (concerning a week for which the Employee was denied a State System Benefit and it is determined that, under the circumstances, it would be contrary to the intent of the Plan to deny the Employee a Benefit); or (iii) because of exhaustion of the Employee’s State System Benefit rights (or because of insufficient covered employment/earnings prior to layoff), if the Employee had received a State System Benefit for one or more weeks of layoff during the current State System benefit year (or, if no such benefit year is in effect, during the immediately preceding benefit year) for which the Employee did not receive a Regular Benefit. Such estimated amount shall be used in the Regular Benefit calculation for a number of weeks equal to the number of weeks for which a State System Benefit was received and for which no Regular Benefit was paid under this Plan or under any other Company SUB Plan, during the applicable current, or immediately preceding, State System benefit year. (2) all pay received or receivable by the Employee from the Company (excluding call-in pay for purposes of determining a Regular Benefit only and excluding pay in lieu of vacation), and any amount of unearned pay computed, as if payable, for hours made available by the Company but not worked, after reasonable notice has been given to the Employee, for such Week; provided, however, if the hours made available but not worked are hours which the Employee had an option to refuse under a Local Seniority Agreement or which the Employee could refuse without disqualification under Section 3(b)(3) of Article I, such hours are not to be considered as (i) to the day on which the shift started if the Employee was on layoff with respect to the corresponding shift on the following day, (ii) to the day on which the shift ended if the Employee was on layoff with respect to the corresponding shift on the preceding day, and (iii) according to the pay for the hours worked each day, if the Employee was on layoff with respect to the corresponding shifts on both the preceding and the following days; and, in any such event, the maximum Regular Benefit amount shall be modified to any extent necessary so that the Employee’s Benefit will be increased to offset any reduction in the Employee’s State System Benefit which may have resulted solely from the State System’s allocation of the Employee’s earnings for such a shift otherwise than as specified in this subsection; plus (3) all wages or remuneration, as defined under the law of the applicable State System, in excess of the greater of $10 or 20% of such wages or (4) the amount of all military pay in excess of the greater of $10 or 20% of such military pay received or receivable for such Week, excluding such military pay which was considered in the calculation under subsection (a)(2) of this Section; plus (5) The weekly equivalent of the monthly retirement benefit and fifty (50) percent of the Social Security Old Age or Disability Benefit for an eligible Employee receiving a retirement benefit from the Company which the Employee is eligible to receive while working full time for the Company. (b) For purposes of subparagraph (a)(1) above in determining the basis for the estimated amount of the State System Benefit which would have been received by the Employee, and for purposes of Section 1(b)(3) of Article I in determining the basis for the amount which disqualifies the Employee for a State System Benefit or “waiting week” credit, such basis for the amount shall be determined from whichever of the following amounts is applicable: (1) if the Employee has an established and currently applicable weekly benefit rate under the State System, such benefit rate plus any dependents allowance, or (2) in all other cases, the State System Benefit amount which would apply to an individual having the same number of dependents as the Employee and having weekly earnings equal to the Employee’s Weekly Straight-Time Pay. (c) If the State System Benefit actually received by an Employee for a state week shall be for less, or more, than a full state week (for reasons other than the Employee’s receipt of wages or remuneration for such state week), because (1) the Employee has been disqualified or otherwise determined ineligible for a portion of the Employee’s State System Benefit for reasons other than set forth in Section 1(b) of Article I, (2) the applicable state week includes 1 or more “waiting period effective days”, or (3) of an underpayment or overpayment of a previous State System Benefit,

Appears in 1 contract

Samples: Supplemental Agreement

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State Benefit and Other Compensation. (a) An Employee’s State Benefit and other Other Compensation for a Week week means: (1) the amount of State System Benefit received or receivable by the Employee for the Week week or the estimated amount which the Employee would have received if he had not been ineligible therefore solely: (i) as set forth in item (8) solely because of Section 1(b) of Article I (concerning a Week for which failure to fully satisfy the Employee’s pay received states claim filing or receivable from the Company was less than the amount which disqualifies (ii) under certain of the circumstances determined to be covered by item (11) of Section 1(b) of Article I (concerning a week for which the Employee was denied a State System Benefit and it is determined thatcertification requirements, under the circumstances, it would be contrary to the intent of the Plan to deny the Employee a Benefit); or (iii) or because of exhaustion of the Employee’s his State System Benefit rights (or because of insufficient covered employment/earnings prior to layoff), if the Employee had received a State System Benefit for one or more weeks of layoff during the current State System benefit year (or, if no such benefit year is in effect, during the immediately preceding benefit year) for which the Employee did not receive a Regular Benefit. Such estimated amount shall be used in the Regular Benefit calculation for a number of weeks equal to the number of weeks for which a State System Benefit was received and for which no Regular Benefit was paid under this Plan or under any other Company FCA US LLC SUB Plan, during the applicable current, or immediately preceding, State System benefit year.; plus (2) all pay received or receivable by the Employee from the Company (excluding call-in pay for purposes of determining a Regular Benefit only and excluding pay in lieu of vacation), ) and any amount of unearned pay which could have been earned, computed, as if payable, for hours made available by the Company but not worked, after reasonable notice has been given to the Employee, Employee for such Weekweek; provided, however, if the hours made available but not worked are hours which the Employee had an option to refuse under a Local Seniority Collective Bargaining Agreement or which the Employee he could refuse without disqualification under Section 3(b)(3(3)(b)(3) of Article I, such hours are not to be considered asas hours made available by the Company; and provided, that if wages or remuneration or any military pay are received or receivable by the Employee from the employers other than the Company and are applicable to the same period as hours made available by the Company, only the greater of (aa) such wages or remuneration from other employers in excess of the greater of $10 or 20% of such wages or remuneration, or military pay in excess of $10, or (bb) any amount of pay which could have been earned, computed, as if payable, for hours made available by the Company shall be included; and further provided, that any pay received or receivable for a shift which extends through midnight shall be allocated: (i) to the day on which the shift started if the Employee he was on layoff with respect to the corresponding shift on the following day, (ii) to the day on which the shift ended if the Employee he was on layoff with respect to the corresponding shift on the preceding day, and (iii) according to the pay for the hours worked each day, if the Employee he was on layoff with respect to the corresponding shifts on both the preceding and the following days; and, in any such event, the maximum Regular Benefit amount shall be modified to any extent necessary so that the Employee’s Benefit will be increased to offset any reduction in the Employee’s his State System Benefit which may have resulted solely from the State System’s allocation of the Employee’s his earnings for such a shift otherwise than as specified in this subsectionSubsection; plus (3) all wages or remuneration, as defined under the law of the applicable State System, in excess of the greater of $10 or 20% of such wages or (4) the amount of all military pay in excess of the greater of $10 or 20% of such military pay remuneration received or receivable from other employers for such Week, week (excluding such military pay wages or remuneration which was were considered in the calculation under subsection Subsection (a)(2) of this Section); plus (54) The the weekly equivalent of the monthly retirement benefit and fifty (50) percent of the Social Security Old Age old age or Disability Benefit disability benefit for an eligible Employee Employees receiving a retirement benefit from the Company which the Employee is eligible to receive while working full time for the Company; plus (5) the amount of all military pay in excess of $10 received or receivable for such Week, excluding such military pay which was considered in the calculation under Subsection (a)(2) of this Section. (b) For purposes of subparagraph (a)(1) above in determining the basis for the estimated amount of the State System Benefit which would have been received by the Employee, and for purposes of Section 1(b)(3) of Article I in determining the basis for the amount which disqualifies the Employee for a State System Benefit or “waiting week” credit, such basis for the amount shall be determined from whichever of the following amounts is applicable: (1) if the Employee has an established and currently applicable weekly benefit rate under the State System, such benefit rate plus any dependents allowance, or (2) in all other cases, the State System Benefit amount which would apply to an individual having the same number of dependents as the Employee and having weekly earnings equal to the Employee’s Weekly Straight-Time Pay. (c) If the State System Benefit actually received by an Employee for a state State week shall be for less, or more, than a full state week (for reasons other than the Employee’s receipt of wages or remuneration for such state week), because, (1) the Employee because he has been disqualified or otherwise determined ineligible for a portion of the Employee’s his State System Benefit for reasons other than set forth in Section 1(b(1) (b) of Article I,, or (2) because the applicable state week includes 1 or more "waiting period effective days”, ," or (3) because of an underpayment or overpayment of a previous State System Benefit,, the amount of the State System Benefit which would otherwise have been paid to the Employee for such state week shall be used in the calculation of "State Benefit and Other Compensation" for such state week.

Appears in 1 contract

Samples: Production, Maintenance & Parts Depot Office, Clerical and Engineering Agreements

State Benefit and Other Compensation. (a) An Employee’s State Benefit and other Other Compensation for a Week week means: (1) the amount of State System Benefit received or receivable by the Employee for the Week week or the estimated amount which the Employee would have received if he had not been ineligible therefore solely: (i) as set forth in item (8) solely because of Section 1(b) of Article I (concerning a Week for which failure to fully satisfy the Employee’s pay received states claim filing or receivable from the Company was less than the amount which disqualifies (ii) under certain of the circumstances determined to be covered by item (11) of Section 1(b) of Article I (concerning a week for which the Employee was denied a State System Benefit and it is determined thatcertification requirements, under the circumstances, it would be contrary to the intent of the Plan to deny the Employee a Benefit); or (iii) or because of exhaustion of the Employee’s his State System Benefit rights (or because of insufficient covered employment/earnings prior to layoff), if the Employee had received a State System Benefit for one or more weeks of layoff during the current State System benefit year (or, if no such benefit year is in effect, during the immediately preceding benefit year) for which the Employee did not receive a Regular Benefit. Such estimated amount shall be used in the Regular Benefit calculation for a number of weeks equal to the number of weeks for which a State System Benefit was received and for which no Regular Benefit was paid under this Plan or under any other Company FCA US LLC SUB Plan, during the applicable current, or immediately preceding, State System benefit year.; plus (2) all pay received or receivable by the Employee from the Company (excluding call-in pay for purposes of determining a Regular Benefit only and excluding pay in lieu of vacation), ) and any amount of unearned pay which could have been earned, computed, as if payable, for hours made available by the Company but not worked, after reasonable notice has been given to the Employee, Employee for such Weekweek; provided, however, if the hours made available but not worked are hours which the Employee had an option to refuse under a Local Seniority Collective Bargaining Agreement or which the Employee he could refuse without disqualification under Section 3(b)(3(3)(b)(3) of Article I, such hours are not to be considered as (i) to as hours made available by the day on which the shift started Company; and provided, that if the Employee was on layoff with respect to the corresponding shift on the following day, (ii) to the day on which the shift ended if the Employee was on layoff with respect to the corresponding shift on the preceding day, and (iii) according to the pay for the hours worked each day, if the Employee was on layoff with respect to the corresponding shifts on both the preceding and the following days; and, in any such event, the maximum Regular Benefit amount shall be modified to any extent necessary so that the Employee’s Benefit will be increased to offset any reduction in the Employee’s State System Benefit which may have resulted solely from the State System’s allocation of the Employee’s earnings for such a shift otherwise than as specified in this subsection; plus (3) all wages or remuneration, as defined under the law of the applicable State System, in excess of the greater of $10 remuneration or 20% of such wages or (4) the amount of all any military pay in excess of the greater of $10 or 20% of such military pay are received or receivable for such Week, excluding such military pay which was considered in by the calculation under subsection (a)(2) of this Section; plus (5) The weekly equivalent of the monthly retirement benefit and fifty (50) percent of the Social Security Old Age or Disability Benefit for an eligible Employee receiving a retirement benefit from the Company which the Employee is eligible to receive while working full time for the Company. (b) For purposes of subparagraph (a)(1) above in determining the basis for the estimated amount of the State System Benefit which would have been received by the Employee, and for purposes of Section 1(b)(3) of Article I in determining the basis for the amount which disqualifies the Employee for a State System Benefit or “waiting week” credit, such basis for the amount shall be determined from whichever of the following amounts is applicable: (1) if the Employee has an established and currently applicable weekly benefit rate under the State System, such benefit rate plus any dependents allowance, or (2) in all other cases, the State System Benefit amount which would apply to an individual having the same number of dependents as the Employee and having weekly earnings equal to the Employee’s Weekly Straight-Time Pay. (c) If the State System Benefit actually received by an Employee for a state week shall be for less, or more, than a full state week (for reasons employers other than the Employee’s receipt of wages or remuneration for such state week)Company and are applicable to the same period as hours made available by the Company, because (1) only the Employee has been disqualified or otherwise determined ineligible for a portion of the Employee’s State System Benefit for reasons other than set forth in Section 1(b) of Article I, (2) the applicable state week includes 1 or more “waiting period effective days”, or (3) of an underpayment or overpayment of a previous State System Benefit,greater of

Appears in 1 contract

Samples: Supplemental Unemployment Benefit Plan

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State Benefit and Other Compensation. (a) An Employee’s State Benefit and other Other Compensation for a Week week means: (1) the amount of State System Benefit received or receivable by the Employee for the Week week or the estimated amount which the Employee would have received if he had not been ineligible therefore solely: (i) as set forth in item (8) solely because of Section 1(b) of Article I (concerning a Week for which failure to fully satisfy the Employee’s pay received states claim filing or receivable from the Company was less than the amount which disqualifies (ii) under certain of the circumstances determined to be covered by item (11) of Section 1(b) of Article I (concerning a week for which the Employee was denied a State System Benefit and it is determined thatcertification requirements, under the circumstances, it would be contrary to the intent of the Plan to deny the Employee a Benefit); or (iii) or because of exhaustion of the Employee’s his State System Benefit rights (or because of insufficient covered employment/earnings prior to layoff), if the Employee had received a State System Benefit for one or more weeks of layoff during the current State System benefit year (or, if no such benefit year is in effect, during the immediately preceding benefit year) for which the Employee did not receive a Regular Benefit. Such estimated amount shall be used in the Regular Benefit calculation for a number of weeks equal to the number of weeks for which a State System Benefit was received and for which no Regular Benefit was paid under this Plan or under any other Company FCA US LLC SUB Plan, during the applicable current, or immediately preceding, State System benefit year.; plus (2) all pay received or receivable by the Employee from the Company (excluding call-in pay for purposes of determining a Regular Benefit only and excluding pay in lieu of vacation), ) and any amount of unearned pay which could have been earned, computed, as if payable, for hours made available by the Company but not worked, after reasonable notice has been given to the Employee, Employee for such Weekweek; provided, however, if the hours made available but not worked are hours which the Employee had an option to refuse under a Local Seniority Collective Bargaining Agreement or which the Employee he could refuse without disqualification under Section 3(b)(3(3)(b) (3) of Article I, such hours are not to be considered asas hours made available by the Company; and provided, that if wages or remuneration or any military pay are received or receivable by the Employee from the employers other than the Company and are applicable to the same period as hours made available by the Company, only the greater of (aa) such wages or remuneration from other employers in excess of the greater of $10 or 20% of such wages or remuneration, or military pay in excess of $10, or (bb) any amount of pay which could have been earned, computed, as if payable, for hours made available by the Company shall be included; and further provided, that any pay received or receivable for a shift which extends through midnight shall be allocated: (i) to the day on which the shift started if the Employee he was on layoff with respect to the corresponding shift on the following day, (ii) to the day on which the shift ended if the Employee he was on layoff with respect to the corresponding shift on the preceding day, and (iii) according to the pay for the hours worked each day, if the Employee he was on layoff with respect to the corresponding shifts on both the preceding and the following days; and, in any such event, the maximum Regular Benefit amount shall be modified to any extent necessary so that the Employee’s Benefit will be increased to offset any reduction in the Employee’s his State System Benefit which may have resulted solely from the State System’s allocation of the Employee’s his earnings for such a shift otherwise than as specified in this subsectionSubsection; plus (3) all wages or remuneration, as defined under the law of the applicable State System, in excess of the greater of $10 or 20% of such wages or (4) the amount of all military pay in excess of the greater of $10 or 20% of such military pay remuneration received or receivable from other employers for such Week, week (excluding such military pay wages or remuneration which was were considered in the calculation under subsection Subsection (a)(2) of this Section); plus (54) The the weekly equivalent of the monthly retirement benefit and fifty (50) percent of the Social Security Old Age old age or Disability Benefit disability benefit for an eligible Employee Employees receiving a retirement benefit from the Company which the Employee is eligible to receive while working full time for the Company; plus (5) the amount of all military pay in excess of $10 received or receivable for such Week, excluding such military pay which was considered in the calculation under Subsection (a)(2) of this Section. (b) For purposes of subparagraph (a)(1) above in determining the basis for the estimated amount of the State System Benefit which would have been received by the Employee, and for purposes of Section 1(b)(3) of Article I in determining the basis for the amount which disqualifies the Employee for a State System Benefit or “waiting week” credit, such basis for the amount shall be determined from whichever of the following amounts is applicable: (1) if the Employee has an established and currently applicable weekly benefit rate under the State System, such benefit rate plus any dependents allowance, or (2) in all other cases, the State System Benefit amount which would apply to an individual having the same number of dependents as the Employee and having weekly earnings equal to the Employee’s Weekly Straight-Time Pay. (c) If the State System Benefit actually received by an Employee for a state State week shall be for less, or more, than a full state week (for reasons other than the Employee’s receipt of wages or remuneration for such state week), because, (1) the Employee because he has been disqualified or otherwise determined ineligible for a portion of the Employee’s his State System Benefit for reasons other than set forth in Section 1(b(1) (b) of Article I,, or (2) because the applicable state week includes 1 or more “waiting period effective days”, ,” or (3) because of an underpayment or overpayment of a previous State System Benefit,, the amount of the State System Benefit which would otherwise have been paid to the Employee for such state week shall be used in the calculation of “State Benefit and Other Compensation” for such state week.

Appears in 1 contract

Samples: Supplemental Unemployment Benefit Plan

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