Common use of Applicability of Benefits Clause in Contracts

Applicability of Benefits. The Short Term Disability benefit shall not be available during the leave. Employees shall maintain their Long Term Disability coverage. Vacation shall not be taken during the leave, nor shall vacation credits accumulate during the leave. However, seniority shall accumulate for the entire period of leave, and service for the purpose of otherwise determining the level of vacation entitlement shall include the period of leave. Withdrawal Rights - A participant may, with the approval of the University, withdraw from the Plan in unusual or extenuating circumstances (e.g. financial hardship or serious illness). Requests for withdrawal must be submitted in writing, detailing the reason(s) for withdrawal before three (3) months prior to commencement of leave. The University shall maintain the request and its approval as part of University records. When a request for withdrawal is approved, the University shall pay to the employee a lump sum amount equal to monies deferred plus interest accrued to the date of withdrawal from the Plan. Payment shall be made as soon as possible, but must be made within thirty (30) days of approval of withdrawal from the Plan. Leave Postponement - The University may, for good and sufficient reason, up to three (3) months prior to commencement of the leave, postpone the period of the leave for not longer than one (1) year. In this instance, a participant may choose to remain in the Plan, or receive payments as outlined under "Withdrawal Rights" above. The participant may, for good and sufficient reason, request in writing that the leave period be postponed. The University may, at its discretion, grant a postponement, but under no circumstances shall the postponement exceed one

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

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Applicability of Benefits. The 105 days Short Term Disability benefit shall not be available during the leave. Employees shall maintain their Long Term Disability coveragecoverage as outlined in Article 17. Vacation shall not be taken during the leave, nor shall vacation credits accumulate during the leave. However, seniority shall accumulate for the entire period of leave, and service for the purpose of otherwise determining the level of vacation entitlement shall include the period of leave. Withdrawal Rights - A participant may, with the approval of the University, withdraw from the Plan in unusual or extenuating circumstances (e.g. financial hardship or serious illness). Requests for withdrawal must be submitted in writing, detailing the reason(s) for withdrawal before three (3) months prior to commencement of leave. The University shall maintain the request and its approval as part of University records. When a request for withdrawal is approved, the University shall pay to the employee a lump sum amount equal to monies deferred plus interest accrued accrued, less required statutory deductions, to the date of withdrawal from the Plan. Payment shall be made as soon as possible, but must be made within thirty (30) days of approval of withdrawal from the Plan. Leave Postponement - The University may, for good and sufficient reason, up to three (3) months prior to commencement of the leave, postpone the period of the leave for not longer than one (1) year. In this instance, a participant may choose to remain in the Plan, or receive payments as outlined under "Withdrawal Rights" above. The participant may, for good and sufficient reason, request in writing that the leave period be postponed. The University may, at its discretion, grant a postponement, but under no circumstances shall the postponement exceed one

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

Applicability of Benefits. The Short Term Disability disability benefit shall not be available during the leave. Employees shall maintain their Long Term Disability coverage. Vacation shall not be taken during the leave, nor shall vacation credits accumulate during the leave. However, seniority shall accumulate for the entire period of leave, and service for the purpose of otherwise determining the level of vacation entitlement shall include the period of leave. Withdrawal Rights - A participant may, with the approval of the University, withdraw from the Plan in unusual or extenuating circumstances (e.g. financial hardship or serious illness). Requests for withdrawal must be submitted in writing, detailing the reason(s) for withdrawal before three (3) months prior to commencement of leave. The University shall maintain the request and its approval as part of University records. When a request for withdrawal is approved, the University shall pay to the employee a lump sum amount equal to monies deferred plus interest accrued to the date of withdrawal from the Plan. Payment shall be made as soon as possible, but must be made within thirty (30) days of approval of withdrawal from the Plan. Leave Postponement - The University may, for good and sufficient reason, up to three (3) months prior to commencement of the leave, postpone the period of the leave for not longer than one (1) year. In this instance, a participant may choose to remain in the Plan, or receive payments as outlined under "Withdrawal Rights" above. The participant may, for good and sufficient reason, request in writing that the leave period be postponed. The University may, at its discretion, grant a postponement, but under no circumstances shall the postponement exceed oneone (1) year. Interest Accumulation - Should the above (Leave Postponement) result in a leave of absence being taken later than the intended period, any monies accumulated until the intended commencement date will continue to accumulate interest until the leave is granted. On Leaving Employment - Any participant who resigns, is laid off or otherwise terminated prior to commencement of the leave shall cease to be a participant in the Plan, and shall receive payment as outlined under "Withdrawal Rights" above. It is understood that deferred wages invested under the trustee agreement may not be returned to the employee until such time as the maturity date of such investments under the auspices of the trust mature. Death Clause - Should a participant die while enrolled in the Plan, any monies accumulated, plus interest accrued at the date of death, will be paid to their estate/beneficiary. Every agreement entered into under "Written Agreement" shall state that monies paid to the estate of an employee under this section are a "right or thing" within the meaning of the Income Tax Act and shall be taxable as income in the year of the employee's death in accordance with the Income Tax Act. Serious Illness - Should a participant be unable to take the leave when scheduled because of serious injury of illness occurring before commencement of the leave, the employee may cancel the leave and receive payment as outlined under "Withdrawal Rights" or, with the consent of the University, defer the leave to a time mutually agreeable not to exceed one (1) year. INCOME TAX - During each taxation year, the participating employee's income tax liability shall be in accordance with the Canadian Income Tax Act and the amount of withholding tax deducted at source by the University shall be based on monies actually received by the employee in each taxation year subject to the acceptance of this Plan by Revenue Canada. *It is clearly understood that the University may hire replacement workers pursuant to Article 3:02 (a) (b) when such prepaid leave is taken.

Appears in 2 contracts

Samples: Agreement, Collective Agreement

Applicability of Benefits. The Short Term Disability disability benefit shall not be available during the leave. Employees shall maintain their Long Term Disability coverage. Vacation shall not be taken during the leave, nor shall vacation credits accumulate during the leave. However, seniority shall accumulate for accumulatefor the entire period of leave, and service for the purpose of otherwise determining the level of vacation entitlement shall include the period of leave. Withdrawal Rights - A participant may, with the approval of the University, withdraw from the Plan in unusual or extenuating circumstances (e.g. financial hardship or serious illness). Requests for withdrawal must be submitted in writing, detailing the reason(s) for withdrawal before three (3) months prior to commencement of leave. , The University shall maintain the request and its approval as part of University records. When a request for withdrawal is approved, the University shall Universityshall pay to the employee a lump sum amount equal to monies deferred plus interest accrued to the date of withdrawal from the Plan. Payment shall be made as soon as possible, but must be made within thirty (30) days of approval of withdrawal from the Plan. Leave Postponement - The University may, for good and sufficient reason, up to three (3) months prior to commencement of the leave, postpone the period of the leave for not longer than one (1) year. In this Inthis instance, a participant may choose to remain in the Plan, or receive payments as outlined under "Withdrawal Rights" above. The participant may, for good and sufficient reason, request in writing that the leave period be postponed. The University may, at its discretion, grant a postponement, but under no circumstances shall the postponement exceed oneone (1) year. Interest Accumulation Should the above (Leave Postponement) result in a leave of absence beingtaken laterthan the intended period, any monies accumulated until the intendedcommencement date will continue to accumulate interest untilthe leave is granted. On Any participant who resigns, laid off or otherwise terminated prior to commencement of the leave shall cease to be a participant in the Plan, and shall receive payment as outlined under "Withdrawal Rights" above. It is understood that deferred wages invested under the trustee agreement may not be returned to the employee until such time as the maturity date of such investments under the auspices of the trust mature.

Appears in 1 contract

Samples: Agreement

Applicability of Benefits. The Short Term and Long Term Disability benefit benefits shall not be available during the leave. Employees , nor shall maintain their Long Term Disability coverage. Vacation shall not vacation be taken during the leave, nor shall vacation credits cred- its accumulate during the leave. However, seniority seniori- ty shall accumulate for the entire period of leave, and service for the purpose of otherwise determining determin- ing the level of vacation entitlement shall include the period of leave. Notwithstanding Article a participant may, in the year or years prior to the leave, defer sufficient vacation credit so that, in the vacation year of his/her return to work, he/she will have up to his/her normal vacation entitlement. Withdrawal Rights - A participant may, with the approval of the UniversityCollege, withdraw from the Plan in unusual or extenuating circumstances (e.g. e.g., financial hardship or serious illness). Requests for withdrawal must be submitted submit- xxx in writing, detailing the reason(s) for withdrawal before three (3) months prior to commencement of the leave. The University College shall maintain the request and its approval as a part of University College records. When a request for withdrawal is approved, the University College shall pay to the employee a lump sum amount equal to monies moneys deferred plus interest accrued to the date of withdrawal from the Plan. Payment shall be made as soon as possible, but must be made within thirty (30) days of approval of withdrawal from the Plan. Leave Postponement - The University may, for good and sufficient reason, up to three (3) months prior to commencement of the leave, postpone the period of the leave for not longer than one (1) year. In this instance, a participant may choose to remain in the Plan, or receive payments as outlined under "Withdrawal Rights" above. The participant may, for good and sufficient reason, request in writing that the leave period be postponed. The University may, at its discretion, grant a postponement, but under no circumstances shall the postponement exceed one.

Appears in 1 contract

Samples: Collective Agreement

Applicability of Benefits. The Short Term Disability benefit shall not be available during the leave. Employees shall maintain their Long Term Disability coverage. Vacation shall not be taken during the leave, nor shall vacation credits accumulate during the leave. However, seniority shall accumulate for the entire period of leave, and service for the purpose of otherwise determining the level of vacation entitlement shall include the period of leave. Withdrawal Rights - A participant may, with the approval of the UniversityEmployer, withdraw from the Plan in unusual or extenuating circumstances (e.g. financial hardship or serious illness). Requests for withdrawal must be submitted in writing, detailing the reason(s) for withdrawal before three (3) months prior to commencement of leave. The University Employer shall maintain the request and its approval as part of University records. When a request for withdrawal is approved, the University Employer shall pay to the employee a lump sum amount equal to monies deferred plus interest accrued to the date of withdrawal from the Plan. Payment shall be made as soon as possible, but must be made within thirty (30) days of approval of withdrawal from the Plan. Leave Postponement - The University Employer may, for good and sufficient reason, up to three (3) months prior to commencement of the leave, postpone the period of the leave for not longer than one (1) year. In this instance, a participant may choose to remain in the Plan, or receive payments as outlined under "Withdrawal Rights" above. The participant may, for good and sufficient reason, request in writing that the leave period be postponed. The University Employer may, at its discretion, grant a postponement, but under no circumstances shall the postponement exceed oneone (1) year. Interest Accumulation - Should the above (Leave Postponement) result in a leave of absence being taken later than the intended period, any monies accumulated until the intended commencement date will continue to accumulate interest until the leave is granted. On Leaving Employment - Any participant who resigns, is laid off or otherwise terminated prior to commencement of the leave shall cease to be a participant in the Plan, and shall receive payment as outlined under "Withdrawal Rights" above. It is understood that deferred wages invested under the trustee agreement may not be returned to the employee until such time as the maturity date of such investments under the auspices of the trust mature. Death Clause - Should a participant die while enrolled in the Plan, any monies accumulated, plus interest accrued at the date of death, will be paid to their estate/beneficiary. Every agreement entered into under "Written Agreement" shall state that monies paid to the estate of an employee under this section are a "right or thing" within the meaning of the Income Tax Act and shall be taxable as income in the year of the employee's death in accordance with the Income Tax Act. Serious Illness - Should a participant be unable to take the leave when scheduled because of serious injury of illness occurring before commencement of the leave, the employee may cancel the leave and receive payment as outlined under "Withdrawal Rights" or, with the consent of the Employer, defer the leave to a time mutually agreeable not to exceed one (1) year. INCOME TAX - During each taxation year, the participating employee's income tax liability shall be in accordance with the Canadian Income Tax Act and the amount of withholding tax deducted at source by the Employer shall be based on monies actually received by the employee in each taxation year subject to the acceptance of this Plan by Revenue Canada. *It is clearly understood that the Employer may hire temporary workers pursuant to Article 3:02 (c) when such prepaid leave is taken.

Appears in 1 contract

Samples: Agreement

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Applicability of Benefits. The Short Term and Long Term Disability benefit benefits shall not be available during the leave. Employees , nor shall maintain their Long Term Disability coverage. Vacation shall not vacation be taken during the leave, nor shall vacation credits accumulate during the leave. However, seniority shall accumulate for the entire period of leave, and service for the purpose of otherwise determining the level of vacation entitlement shall include the period of leave. NotwithstandingArticle a participant may, in the year or years prior to the leave, defer sufficient vacation credit so that, in the vacation year of return to work, will have up to normal vacation entitlement. Support Staff Collective Agreement Withdrawal Rights - A participant may, with the approval of the UniversityCollege, withdraw from the Plan in unusual or extenuating circumstances (e.g. e.g., financial hardship or serious illness). Requests for withdrawal must be submitted in writing, detailing the reason(s) for withdrawal before three (3) months prior to commencement of the leave. The University College shall maintain the request and its approval as a part of University College records. When a request for withdrawal is approved, the University College shall pay to the employee a lump sum amount equal to monies moneys deferred plus interest accrued to the date of withdrawal from the Plan. Payment shall be made as soon as possible, but must be made within thirty (30) days of approval of withdrawal from the Plan. Leave Postponement - The University College may, for good and sufficient reason, up to three (3) months prior to commencement of the leave, postpone the period of the leave for not longer than one (1) yearI)year. In this instance, a participant may choose to remain in the Plan, or receive payments payment as outlined under "Withdrawal Rights" in Article above. The participant may, for good and sufficient reason, request in writing that the leave period be postponed. The University College may, at its discretion, grant a postponement, but under no circumstances shall the postponement exceed oneone (Iy)ear.

Appears in 1 contract

Samples: Staff Collective Agreement

Applicability of Benefits. The 105 days Short Term Disability benefit shall not be available during the leave. Employees shall maintain their Long Term Disability coveragecoverage as outlined in Article 17. Vacation shall not be taken during the leave, nor shall vacation credits accumulate during the leave. However, seniority shall accumulate for the entire period of leave, and service for the purpose of otherwise determining the level of vacation entitlement shall include the period of leave. Withdrawal Rights - A participant may, with the approval of the University, withdraw from the Plan in unusual or extenuating circumstances (e.g. financial hardship or serious illness). Requests for withdrawal must be submitted in writing, detailing the reason(s) for withdrawal before three (3) months prior to commencement of leave. The University shall maintain the request and its approval as part of University records. When a request for withdrawal is approved, the University shall pay to the employee a lump sum amount equal to monies deferred plus interest accrued accrued, less required statutory deductions, to the date of withdrawal from the Plan. Payment shall be made as soon as possible, but must be made within thirty (30) days of approval of withdrawal from the Plan. Leave Postponement - The University may, for good and sufficient reason, up to three (3) months prior to commencement of the leave, postpone the period of the leave for not longer than one (1) year. In this instance, a participant may choose to remain in the Plan, or receive payments as outlined under "Withdrawal Rights" above. The participant may, for good and sufficient reason, request in writing that the leave period be postponed. The University may, at its discretion, grant a postponement, but under no circumstances shall the postponement exceed oneone (1) year and the participant must remain in the Plan. Interest Accumulation Should the above (Leave Postponement) result in a leave of absence being taken later than the intended period, any monies accumulated until the intended commencement date will continue to accumulate interest until the leave is granted. On Leaving Employment Any participant who resigns, is laid off, or otherwise terminated prior to commencement of the leave shall cease to be a participant in the Plan, and shall receive payment as outlined under “Withdrawal Rights” above.

Appears in 1 contract

Samples: Agreement

Applicability of Benefits. The Short Term Disability benefit shall Sick leave credits will not be available accumulate during the leave. Employees shall maintain their Long Term Disability coverage. Vacation shall not be taken during the leave, nor shall vacation credits accumulate during the leave. However, seniority shall accumulate for the entire period of leave, and service for the purpose of otherwise determining the level of vacation entitlement shall include the period of leave. Withdrawal Rights - A participant may, with the approval of the UniversityEmployer, withdraw from the Plan in unusual or extenuating circumstances (e.g. financial hardship or serious illness). Requests for withdrawal must be submitted in writing, detailing the reason(s) for withdrawal before three (3) months prior to commencement of leave. The University Employer shall maintain the request and its approval as part of University Employer records. When a request for withdrawal is approved, the University Employer shall pay to the employee a lump sum amount equal to monies deferred plus interest accrued to the date of withdrawal from the Plan. Payment shall be made as soon as possible, but must be made within thirty (30) days of approval of withdrawal from the Plan. Leave Postponement - The University Employer may, for good and sufficient reason, up to three (3) months prior to commencement of the leave, postpone the period of the leave for not longer than one (1) year. In this instance, a participant may choose to remain in the Plan, or receive payments as outlined under "Withdrawal Rights" above. The participant may, for good and sufficient reason, request in writing that the leave period be postponed. The University may, at its discretion, Employer shall grant a postponement, but under no circumstances shall the postponement exceed one

Appears in 1 contract

Samples: Collective Agreement

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