Suspension of benefits. 1. The complaining Party may, at any time thereafter, communicate in writing to the Party complained against its intention to suspend the application of benefits in 30 days upon reception of such communication,if: (a) the disputing Parties are unable to agree on a compensation within 30 days after the period for establishing such compensation has begun, or the Party complained against has failed to observe the terms of the agreed compensation within 30 days following such agreement; (b) the Panel under the Article 187 (Examination of the Implementation) finds that the Party complained against fails to bring the measure found to be inconsistent with this Agreement into compliance with the recommendations of the Panel within the period of time established; or (c) the Party complained against expresses in writing that it will not implement the recommendations. 2. The complaining Party may initiate the suspension of benefits within 30 days following the latest date between the date of the communication pursuant to paragraph 1 of this Article and the date when the Panel issued its report pursuant to Article 190 (Examination of Benefit Suspension Level).
3. The level of benefits to be suspended shall have an equivalent effect to the benefits not being received.
4. In considering what benefits to suspend pursuant to paragraph 1: (a) the complaining Party should first seek to suspend benefits in the same sector or sectors affected by the measure; and (b) if the complaining Party considers that it is not practicable or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. The communication in which it announces such a decision shall indicate the reasons on which it is based.
Suspension of benefits. (1) As elected by the Employer in the Adoption Agreement, normal or early retirement benefits will be suspended for each calendar month during which the Employee completes at least 40 Hours of Service with the Employer as defined in section 203(a)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("Section 203(a)(3)B Service"). Consequently, the amount of benefits which are paid later than Normal Retirement Age will be computed as if the Employee had been receiving benefits since Normal Retirement Age.
Suspension of benefits. 1. Where the Party complained against fails to implement the recommendation or rulings of a panel, or where there is a disagreement between the Parties as to the existence or consistency with this Agreement of the measures taken to comply with the recommendations or rulings of a panel, the Parties shall have recourse to the Joint Council for the settlement of the dispute.
2. In such a case, the Joint Council shall meet, on the request of a Party, within fifteen (15) days from the expiration of the time frame to implement the final report. In special circumstances the time frame may be adjusted by mutual agreement between the Parties.
3. The Joint Council may engage the assistance of expert advisors with regard to Article XIII.12 in the settlement of disputes between the Parties regarding the implementation of a panel ruling or report.
4. If the Joint Council is unable to resolve the dispute regarding implementation according to paragraph 2, within the next ten (10) days, the panel shall be reconvened to determine whether the Party complained against has effectively implemented the final report.
5. The suspension of benefits or other obligations are temporary measures available in the event that the recommendation and rulings in the final report are not implemented within the stipulated period of time of Article XIII.
6. The complaining Party may suspend the application of benefits of equivalent effect to the Party complained against if the panel determines:
(a) that a measure is incompatible with the obligations of this Agreement and the Party complained against does not comply with the final report within the time frame established by the panel;
(b) that a measure causes nullification or impairment in the sense of Annex XIII.01 and the Parties do not arrive at a mutually satisfactory agreement of the dispute in the time frame that the panel has established.
7. The suspension of benefits shall last until the Party complained against complies with the panel’s final report or until the Parties reach a mutually satisfactory agreement on the dispute, as the case may be.
8. In considering the suspension of the benefits consistent with paragraph 6:
(a) the complaining Party shall first seek to suspend benefits in the same sector or sectors affected by the measure, or by any other measure that the panel has found to be inconsistent with the obligations of this Agreement, or to have caused nullification or impairment in the sense of Annex XIII.01; and
(b) where th...
Suspension of benefits. Notwithstanding the provisions of subsections 3(a), 3(c), and 3(d), in the event the Benefit Credit Balance is less than an Installment Payment to be paid, the Installment Payment shall not be made. To the extent that Installment Payments are suspended under this section, such suspended Installment Payments (without interest) shall be paid as soon as the Benefit Credit Balance is greater than or equal to the suspended Installment Payment or Installment Payments.
Suspension of benefits. 16.08.06.01 Income benefits will be suspended during any period the employee is returned to the payroll at the full pay of his regular job or due to vacation clearance, regardless of the continuing disability.
00.00.00.00.00 Should suspension of income benefits occur during the first year benefit period, the first year level of income benefits will be extended by a corresponding period.
Suspension of benefits. In the event of a breach or default by Xx. Xxxxxx of the covenants contained in this Agreement, the Holding Company and/or the Bank shall have the right to suspend the payment of consideration provided for herein and/or to set-off against such payments the damages claimed to be suffered by the Holding Company and/or the Bank as result of such breach of this Agreement.
Suspension of benefits. It is agreed and understood by the Union, that the Group Insurance Benefit, outlined in Appendix “B” will be suspended, at the end of the month following the month of layoff, and at the end of the month of the commencement of any leave of absence, and when off due to non-occupational sickness or injury, and after one (1) year of absence on account of Workers’ Compensation. Group Insurance Benefits will terminate at the date of termination of employment and retirement.
Suspension of benefits. (Plan Section 5.5(d)) The suspension of benefit rules applies as follows (select a., b. or c.)
a. [ ] The suspension of benefit rules do not apply.
b. [ ] For new Plans or for existing Plans restating an identical suspension of benefits provision, the suspension of benefit rules apply to:
1. [ ] all Participants.
2. [ ] only those participants described in Plan Section 6.1(d) whose benefits, if actuarially increased, would exceed the limitations of Plan Section 6.1.
c. [ ] Plans where a suspension of benefits option is being added or expanded, the suspension of benefit rules apply to:
1. [ ] employees who commence participation in the Plan on or after the later of the adoption date or the effective date of the suspension of benefit rules in Plan Section 5.5(d).
2. [ ] the portion of Participants' Code §411(d)(6) protected benefits (within the meaning of Regulations §1.411(d)-4, Q&A 1(a)) that accrue after the later of the adoption date or effective date of the suspension of benefit rules in Plan Section 5.5(d).
Suspension of benefits. 1. Subject to Annex 36A, where a Party fails to pay a monetary enforcement assessment within 180 days after it is imposed by a panel:
(a) under Article 34(4)(b), or
(b) under Article 34(5)(b), except where benefits may be suspended under paragraph 2(a), any complaining Party or Parties may suspend, in accordance with Annex 36B, the application to the Party complained against of NAFTA benefits in an amount no greater than that sufficient to collect the monetary enforcement assessment.
2. Subject to Annex 36A, where a panel has made a determination under Article 34(5)(b) and the panel:
(a) has previously imposed a monetary enforcement assessment under Article 34 (4)(b) or established an action plan under Article 34(4)(a)(ii); or
(b) has subsequently determined under Article 35 that a Party is not fully implementing an action plan; the complaining Party or Parties may, in accordance with Annex 36B, suspend annually the application to the Party complained against of NAFTA benefits in an amount no greater than the monetary enforcement assessment imposed by the panel under Article 34(5)(b).
3. Where more than one complaining Party suspends benefits under paragraph 1 or 2, the combined suspension shall be no greater than the amount of the monetary enforcement assessment.
4. Where a Party has suspended benefits under paragraph 1 or 2, the Council shall, on the delivery of a written request by the Party complained against to the other Parties and the Secretariat, reconvene the panel to determine whether the monetary enforcement assessment has been paid or collected, or whether the Party complained against is fully implementing the action plan, as the case may be. The panel shall submit its report within 45 days after it has been reconvened. If the panel determines that the assessment has been paid or collected, or that the Party complained against is fully implementing the action plan, the suspension of benefits under paragraph 1 or 2, as the case may be, shall be terminated.
5. On the written request of the Party complained against, delivered to the other Parties and the Secretariat, the Council shall reconvene the panel to determine whether the suspension of benefits by the complaining Party or Parties pursuant to paragraph 1 or 2 is manifestly excessive. Within 45 days of the request, the panel shall present a report to the disputing Parties containing its determination.
Suspension of benefits. Section 2.5.10 provides for the suspension of benefit payments if the Participant earns Hours of Service after Normal or Early Retirement Benefits have commenced. An adopting employer may select one of options a. or b. only if the Plan is a new plan or an existing plan restating an identical suspension of benefits option. This Section: ☐ a. applies to all Participants in the Plan. ☐ b. does not apply. (Benefits not suspended) Language for existing plans that are adding or expanding a suspension of benefits option ☐ c. only those Participants described in section 2.3.2 of the Plan whose benefits, if actuarially increased, would exceed the limitations of section 3.1.1 of the Plan
