Disabled or Disability definition

Disabled or Disability means Disabled or Disability within the meaning of Section 409A of the Code and the regulations thereunder. Generally, this means that the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, or is, by reason of any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than three months under an accident and health plan covering Employees of the Employer.

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Disabled or Disability means the Executive: (1) is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death, or last for a continuous period of not less than 12 months; (2) by reason of any medically determinable physical or mental impairment which can be expected to result in death, or last for a continuous period of not less than 12 months, is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Bank; or (3) is determined to be totally disabled by the Social Security Administration.

Disabled or Disability means that a Participant is: (a) unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months; or (b) by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months, receiving income replacement benefits for a period of not less than three months under an accident and

Examples of Disabled or Disability in a sentence

If Executive is unable to perform his services by reason of illness, injury or incapacity (hereinafter "Disabled" or "Disability"), he will continue to receive his base salary and all benefits for a period of eight (8) weeks after the commencement of the Disability.
For purposes of this Agreement, "Disabled" (or "Disability") shall have the meaning given to such term in the Partnership's long-term disability plan or, if no such plan exists, shall mean a physical or mental disability that is reasonably expected to render Executive incapable of performing his duties under this Agreement for a period of six months within any twelve-month period.
For purposes of this Agreement, "Disabled" or "Disability" means the incapacity or inability of Employee, whether due to accident, sickness or otherwise, to perform the essential functions of Employee's position under this Agreement, with or without reasonable accommodation (provided that no accommodation that imposes undue hardship on Company will be required).
As used in this Section, the term "Disabled" or "Disability" means suffering from any mental or physical condition, other than use of alcohol or illegal use of drugs or narcotics, which renders Employee unable to perform substantially all of Employee's duties and services under this Agreement in a satisfactory manner for 120 consecutive days, or 180 days during any 12-month period.
If the Company determines in good faith that the Executive has become Disabled during the Employment Period (pursuant to the definition of "Disabled" or "Disability" set forth below), the Company may terminate Executive's employment by giving written notice to the Executive in accordance with Section 10(b) of this Agreement of the Company's intention to terminate Executive's employment.

More Definitions of Disabled or Disability

Disabled or Disability means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or to be of long continued and indefinite duration, provided that such Disability occurs while the Participant is an Eligible Employee of the Employer. A Participant shall be considered Disabled only if the permanence and degree of such impairment is supported by medical evidence. Such determinations shall be made by each Provider.

Disabled or Disability means the Participant satisfies the conditions described in one or more of subsections (A), (B), and/or (C) as follows:

Disabled or Disability has the meaning set forth in the Company’s long-term disability plan.

Disabled or Disability means (1) if the Company then has in effect a disability plan covering managers generally, including the Participant, the definition of "total disability" set forth in such plan, or

Disabled or Disability means that the Participant is disabled due to sickness or injury which qualifies the Participant for disability under the Employer's long-term disability plan. A Participant shall be considered totally disabled on the date he qualified for such long term disability payments.

Disabled or Disability means, with respect to any Member, that such Member is unable, as a result of any medically determinable physical or mental disease or impairment, to discharge with or without reasonable accommodation the essential functions of such Member’s management duties for the Company for a continuous period of 90 days or a cumulative period of 120 days during any 150 day period; provided, however, for purposes of applying Section 6.3.1 and Section 6.3.4, A▇▇▇▇▇ and K▇▇▇▇▇▇ shall be treated as the Members for purposes of this definition, rather than the A▇▇▇▇▇ Trust and K▇▇▇▇▇▇ Trust, respectively. Notwithstanding anything to the contrary herein, a Member shall be deemed Disabled as of the last day of the applicable period set forth in the immediately preceding sentence. The determination of whether a Member is Disabled shall be made by a licensed physician reasonably acceptable to the Members, and all costs incurred in connection therewith shall be paid by the Company.

Disabled or Disability means that the Participant is: