Common use of Severance Pay Clause in Contracts

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Negotiated Agreement, Collective Bargaining Agreement

Severance Pay. A. Instructional 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Company's operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following: (a) They are presently employed by the Company and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date. (b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God. (c) Employees covered hereunder who separate their employment with shall have the Board option to receive severance pay or transfer to another location. Said option shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer exercised within ninety (90) calendar days following of the Instructional Employee's last date of workclosure. All Instructional Employees who have attained The scale for severance allowance shall be based on the age following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of fifty-service beyond 6 years service will apply the “formula” The number of years' service minus five (555), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or older during ninety (90) days, whichever is sooner. If the calendar year of retirement and are eligible for a employee is recalled within the foregoing period, no severance payment will allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with Company forthwith. For the official year purposes of retirement as set by this section, the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee location shall be deemed to have made application be closed on a permanent basis, when it or they cease to operate for severance pay, and/or to have terminated employment on the date immediately preceding the date a period of death. Payment of the ninety (90) days. 13.02 Employees who receive severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance planprovisions of this Article shall, otherwise to in doing so, terminate both their seniority and employment relationship with the Instructional Employee's estate. Payment Company and shall be released to have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicablesigning parties.

Appears in 3 contracts

Sources: Collective Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Severance Pay. A. Instructional Employees covered hereunder 38.01 An employee who separate their employment with the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: has one (1. Have ten (10) or more years of continuous service in active pay statusthe employ of the Employer is entitled to be paid, or 2. Have attained or in the age event of fifty-five (55)death to the employee's estate, or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should equal to the Instructional Employee: 1. Be terminated amount obtained by multiplying the Board for just cause; 2. Resign during the course number of investigation completed years of continuous employment by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up his weekly salary to a maximum of two hundred twenty (20) weeks’ pay. Maternity leave and adoption leave up to fifty-two (25252) total days may weeks shall be converted to counted as service for severance pay purposes. (a) For the purpose of this Article, service for a temporary and paid as such on part-time employees shall be the basis equivalent of one day (1) year of accumulated service provided that where a break in employment exceeds twenty-four (24) consecutive months, service shall commence from the date of re-employment. (b) For the purpose of this Article, any period during which an employee is on authorized leave without pay, such period shall not be deemed to be a break in service; however, periods of authorized leave without pay shall not be considered as service in the calculation of severance pay entitlement unless otherwise specified in the collective agreement. (c) An employee who has resigned or retired may be re-employed if he has been out of the public service for each three a period which is not less than the number of weeks for which he has received severance pay pursuant to (3a) days above, or, if he/she refunds the appropriate proportionate part of unused sick leave. such severance pay. 38.03 The maximum severance pay which an employee shall be paid for his total period of employment in the public service shall not exceed the number of days weeks as severance pay under specified in (a) above. 38.04 The effective date of this Article shall be eighty-March 31, 2018. Notwithstanding that employees may elect which quarter of the 2018/19 fiscal year to receive their severance entitlement, the rate of pay, service for severance entitlement and position used shall be that on March 31, 2018. Where an employee is on layoff or an approved leave of absence, the position and rate of pay at the date of layoff or date of leave of absence shall be used. (a) The fiscal year commencing April 2018 shall be divided into four (844) days.quarters: April 1, 2018 to June 30, 2018 July 1, 2018 to September 30, 2018 October 1, 2018 to December 31, 2018 January 1, 2019 to March 31, 2019 D. Payment for sick leave on this basis (b) An employee shall be considered notify the employer in writing and no later than April 30, 2018 which quarter they wish to eliminate receive their severance entitlement. Furthermore, the employee shall indicate in their written notification if he/she wishes to have all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date or a portion of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up severance entitlement rolled into a RRSP. Where the employee fails to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federalindicate same, state, and local income taxes. These monies will they shall be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paidtheir full severance entitlement. E. In the event 38.05 Effective March 31, 2018, there shall be no further accumulation of the death of an Instructional Employee who is otherwise eligible service for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicablepurposes.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder 17.1 For any employee who separate is eligible to receive severance from the City under this Article, the City will contribute 105% of the full amount of their severance payment to a Post Employment Health Plan (PEHP). 17.2 The following severance plan shall replace all other plans applicable to members of this Bargaining Unit. (a) An employee must meet the following requirements to receive a benefit under this plan. (1) The employee must be voluntarily separated from City employment with or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetence, or any other disciplinary reason are not eligible for the Board City severance pay program. For the purpose of this severance program, a death of an employee shall be eligible to convert their unused sick leave considered as separation of employment and if the employee would have met all of the requirements set forth at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federaldeath, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) employee’s estate or spouse. For the purpose of record under this severance program, a transfer from the District's group life insurance planCity of Saint ▇▇▇▇ employment to Independent School District No. 625 employment is considered a separation of employment, otherwise and such transferee shall be eligible for the City severance program. For the purpose of this Article, service requirements for severance eligibility will not include years of service with the Independent School District No. 625 for employees hired by the City or transferred to the Instructional Employee's estateCity after December 31, 1998. (2) The employee must file a waiver of re-employment with the Human Resources Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re- employment (of any type), with the City. (3) The employee must have a minimum of twenty (20) years of service and eight hundred (800) hours of sick leave credits at the time of his/her separation of service from the City. (4) If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he/she will be granted severance pay as shown below. Payment Minimum twenty (20) years of service and Severance accrued sick leave credits of: 800.......................................$10,000 1300.......................................$12,500 1800.......................................$15,000 18.1 Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this Article, the rate of pay for an out-of-class assignment shall be released the same rate the employee would receive if he was promoted to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicablehigher classification.

Appears in 2 contracts

Sources: Labor Agreement, Labor Agreement

Severance Pay. A. Instructional Employees covered hereunder Tower shall and shall cause Graystone Bank or Tower’s Subsidiaries to use its best efforts to continue the employment of all current employees in positions that will contribute to the successful performance of the combined organization. Tower agrees to and agrees to cause Graystone Bank to provide severance pay, as set forth below, to any full-time, active employee of Tower or any Tower Subsidiary or of Graystone or any Graystone Subsidiary whose employment is terminated prior to or within one year after the Effective Date as a result of the transaction contemplated herein if (i) such employee’s position is eliminated, or (ii) such employee is not offered or retained in comparable employment (i.e., a position of generally similar job description, responsibilities, and pay with Tower or any Tower Subsidiary and where the employee is not required to commute more than 30 miles more than the employee’s present commute) with Graystone Bank or any Tower Subsidiary, excluding any employee (i) who separate their is being paid under an existing employment or change in control agreement or (ii) whose employment is terminated for cause, provided such employee executes a customary form of release and provided such employee does not voluntarily leave employment with Tower, Greencastle or Graystone Bank prior to the Board shall be eligible to convert their unused sick leave at the time of separationEffective Date. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for The severance pay should the Instructional Employee: 1. Be terminated to be provided by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred Tower and fifty-Graystone Bank under this subsection shall equal two (2522) total days may be converted to severance pay and paid as such on the basis of one day of severance weeks pay for each three full year of continuous service with a minimum severance benefit of four (34) days weeks’ pay and a maximum severance benefit of unused sick leavetwenty-six (26) weeks’ pay. The maximum number Terminated employees will have the right to continue coverage under the respective group health plan in accordance with IRC 4980(f). During the severance payment term or until the employee is enrolled in another health plan, whichever occurs first, Tower or Graystone Bank will continue to pay the employer’s share of days as severance pay medical benefits that it pays for its employees generally, provided that any coverage period required under IRC 4980B shall run concurrently with the period that Tower or Graystone Bank pays the employer’s share of health coverage under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that timeSection 4.17. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance payEmployees of Graystone, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, stateTower, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee their respective Subsidiaries shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment third party beneficiaries of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicablecommitments set forth in this Section 4.17.

Appears in 2 contracts

Sources: Merger Agreement (Tower Bancorp Inc), Merger Agreement (Tower Bancorp Inc)

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with the Board shall be eligible to convert their unused sick leave An employee at the time of separationretirement from active service whose application for retirement has been approved by the Ohio School Employees' Retirement System may make application to be paid for a maximum twenty-seven percent (27%) of the maximum number of days of accrued but unused sick leave set forth in this AGREEMENT. Eligible Instructional Employees Payment for unused sick leave days shall be those whobased on the employee's hourly rate at the time of retirement and the number of hours the employee was normally scheduled to work each day (not to exceed eight (8) hours) at time of retirement. B. All paperwork must be completed prior to the employee receiving his/her last paycheck. Such severance payment shall eliminate all sick leave credit, and on this basis shall be: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, Paid to all employees who are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years of age or older during the calendar year of retirement in one (1) total payment on or before January 31 following the year of official retirement or may establish a tax-deferred annuity on behalf of the employee, to be deducted from the employees severance payment, provided the annuity amount and payment date are eligible for a severance payment will in compliance with IRS rules/regulations. Payment shall be paid made on or before January 31 following the year of official retirement. 2. Paid to all employees fifty-five (55) years of age and older during the calendar year of retirement into the Board sponsored "Employer 403(b) Special Pay Retirement Account Accumulated Leave Plan" per adoption agreement dated March 10April 19, 2011 2007 and as amended hereafter. By participating in the "Employer 403(b) Special Pay Retirement AccountAccumulated Leave Plan", an Instructional Employee employees fifty- five (55) years of age or older during the calendar year of retirement will receive payment for his/her their unused accumulated sick leave up to the maximum IRS 415 limit for the section Section 403(b) plan unreduced by current federal, state, state and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by Accumulated Leave Plan on or before January 31 following the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement Systemofficial retirement. Any additional monies due to the Instructional Employee employee will be paid out up to the maximum IRS 415 limits limit each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of any layoff, or discharge, except for dishonesty, drunkenness, substance abuse or gross insubordination, or where the death Union requires a discharge for non-payment of an Instructional Employee who dues CBS will pay severance pay as follows: 0 – 1 month service no severance 1 – 3 months’ service 1 week’s pay 3 – 6 months’ service 2 weeks’ pay 6 – 12 months’ service 3 weeks’ pay 12 months to 2 years’ service 4 weeks’ pay 2 – 3 years’ service 5 weeks’ pay 3 – 4 years’ service 6 weeks’ pay 4 – 5 years’ service 7 weeks’ pay 5 – 6 years’ service 8 weeks’ pay 6 – 7 years’ service 9 weeks’ pay 7 – 8 years’ service 10 weeks’ pay 8 – 9 years’ service 12 weeks’ pay 9 – 10 years’ service 13 weeks’ pay 10 years’ service 15 weeks’ pay 11 years’ service 16 weeks’ pay 12 years’ service 17 weeks’ pay 13 years’ service 18 weeks’ pay 14 years’ service 19 weeks’ pay 15 years’ service 20 weeks’ pay 16 years’ service 21 weeks’ pay 17 years’ service 22 weeks’ pay 18 years’ service 23 weeks’ pay 19 years’ service 24 weeks’ pay 20 years’ service and over 25 weeks’ pay An employee must execute a general release on a form designated by the Company to receive any severance pay. Where a Technician has been laid off and is otherwise eligible subsequently re-hired he shall start accruing severance pay credit from the date of such rehire. If a Technician subject to layoff accepts other employment in a staff position with CBS, severance pay shall not be payable. If a Technician on layoff is re-hired as a Technician before he has been on layoff for a number of weeks equal to the number of weeks for which he has received severance pay, such Instructional Employee CBS shall be deemed entitled to have made application recoup the difference by offset against salary. In any such case, the Technician so re-hired shall retain credit for severance pay, and/or to have terminated employment on pay purposes for the date immediately preceding the date number of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicableweeks so recouped.

Appears in 2 contracts

Sources: National Agreement, National Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with If there is an Involuntary Termination (as defined below) of the Board shall be eligible Executive’s Employment, then subject to convert their unused sick leave at the Executive’s execution, delivery and non-revocation of a Release (defined below) within the time period described below, following the Executive’s “separation from service” within the meaning of separation. Eligible Instructional Employees Section 409A, the Company shall be those who: 1. Have ten pay the Executive a single lump sum of cash in an amount equal to the sum of twelve (1012) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu months of the Board terminating the Instructional EmployeeExecutive’s contract. C. All sick leave accumulated by the Instructional Employee up then annual Base Compensation (not giving effect to a maximum of two hundred and fifty-two (252) total days may be converted any reduction in Base Compensation made in connection with such Involuntary Termination or giving rise to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leaveGood Reason). The maximum number of days as severance pay cash lump sum amount payable under this Article shall be eighty-four (84Section 6(a) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employeethe Executive on the first payroll date in the month following the month containing the Release Deadline. The Executive shall also receive the benefits provided in Sections 6(b) and 6(c), and all such payments and benefits shall not be subject to mitigation or offset (except as specified in Section 6(b)). In order to be eligible for entitled to receive the severance paydescribed in this Section 6(a) (including the benefits provided in Sections 6(b), an application 6(c) and, if applicable, 6(d)), the Executive must be made to execute, deliver and not revoke the Treasurer Release within ninety forty-five (9045) calendar days following the Instructional Employee's last Executive’s separation from service (the date of work. All Instructional Employees who have attained the age of fiftythat is forty-five (5545) years or older during calendar days following the calendar year of retirement and are eligible for a severance payment will be paid into Executive’s separation from service is the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter“Release Deadline”). By participating in The Company shall furnish the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up Release to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment Executive on the date immediately preceding of his Involuntary Termination. The “Release” shall be a general release of all litigation and other claims by the date of deathExecutive and on Executive’s behalf in a form satisfactory to the Company. Payment Notwithstanding the foregoing, if the Executive’s Involuntary Termination occurs in 2008, an amount of the severance pay shall be made otherwise payable under this Section 6(a) in a lump sum equal to the Instructional Employee's beneficiary(ies) of record amount that would have been payable under the District's group life insurance plan, otherwise to Prior Agreement (had it been in effect on the Instructional Employee's estate. Payment date of such Involuntary Termination) shall instead be released to paid in twelve (12) equal monthly installments commencing on the qualified appointed Executor or Administrator of first payroll date in the Instructional Employee’s estate, if applicablemonth following the month containing the Release Deadline.

Appears in 2 contracts

Sources: Employment Agreement (Trubion Pharmaceuticals, Inc), Employment Agreement (Trubion Pharmaceuticals, Inc)

Severance Pay. Section A. Instructional Employees covered hereunder who separate that have not already received board approval for their employment retirement as of 11/1/2015 and according to their individual hiring date (and years of service) will qualify for the following severance pay as specified and in accordance with the Board Section B and Section C through G. Section B. Employees working thirty (30) hours per week shall be eligible qualify for a two percent (2% of their hourly rate) VEBA contribution effective: January 1, 2016. Section C. All employees with a hire date prior to convert their unused sick leave at the time of separation. Eligible Instructional Employees January 1, 1990 shall be those whoreceive: 1. Have ten (10) or more years in active pay status$80 per day for each accumulated sick day as of January 1, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who2015, upon retirement. The accumulated sick days as of January 1, are immediately eligible for retirement benefits. B. An Instructional Employee will not 2015 shall be eligible for severance pay the maximum and should the Instructional Employee: 1. Be terminated by employee’s sick days reduce, the Board for just cause; 2. Resign during payment will be based upon the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that timereduced amount upon retirement. Payment shall be made only once accordingly: the first payment shall be made during the last month of employment in an amount equal to any Instructional Employeethe employee’s total severance pay or $5,000.00, whichever is lesser. In order Any subsequent payment(s) required shall be made on an annual basis commencing twelve (12) months following the employee’s date of retirement in an amount equal to be eligible for the employee’s remaining severance pay or $5,000.00, whichever is lesser. Employees must notify the Superintendent in writing by May 1, one (1) year prior to retirement. Failure of notification before May 1 shall not void nor reduce the employee's severance benefits but may result in a maximum of a one (1) year waiting period before receiving severance pay, an application must be . Employees may elect to have payment made to an individual 401(a) account. 2. And $180 for each year of service to the Treasurer within ninety (90school district as of January 1, 2015, which shall be contributed in the form of a 401(A) calendar days following the Instructional Employee's last account by June 30, 2016. Employees shall be fully vested upon separation of employment. Section D. All employees with a hire date of workJanuary 1, 1990 through December 31, 1995 shall receive: 1. All Instructional Employees who have attained $60 per day for each accumulated sick day as of January 1, 2015, upon retirement. The accumulated sick days as of January 1, 2015 shall be the age of fifty-five (55) years or older during maximum and should the calendar year of retirement and are eligible for a severance employee’s sick days reduce, the payment will be paid into based upon the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estatereduced amount upon retirement. Payment shall be released made accordingly: the first payment shall be made during the last month of employment in an amount equal to the qualified appointed Executor employee’s total severance pay or Administrator $5,000.00, whichever is lesser. Any subsequent payment(s) required shall be made on an annual basis commencing twelve (12) months following the employee’s date of retirement in an amount equal to the Instructional Employeeemployee’s estateremaining severance pay or $5,000.00, if applicablewhichever is lesser. Employees must notify the Superintendent in writing by May 1, one (1) year prior to retirement. Failure of notification before May 1 shall not void nor reduce the employee's severance benefits but may result in a maximum of a one (1) year waiting period before receiving severance pay. Employees may elect to have payment made to an individual 401(a) account. 2. And $130 for each year of service to the school district as of January 1, 2015, which shall be contributed in the form of a 401 (A) account by June 30, 2016. Employees shall be fully vested upon separation of employment. Section E. All employees with a hire date of January 1, 1996 through December 31, 2000 shall receive: 1. $50 per day for each accumulated sick day as of January 1, 2015 upon retirement. The accumulated sick days as of January 1, 2015 shall be the maximum and should the employee’s sick days reduce, the payment will be based upon the reduced amount upon retirement. Payment shall be made accordingly: the first payment shall be made during the last month of employment in an amount equal to the employee’s total severance pay or $5,000.00, whichever is lesser. Any subsequent payment(s) required shall be made on an annual basis commencing twelve (12) months following the employee’s date of retirement in an amount equal to the employee’s remaining severance pay or $5,000.00, whichever is lesser. Employees must notify the Superintendent in writing by May 1, one (1) year prior to retirement. Failure of notification before May 1 shall not void nor reduce the employee's severance benefits but may result in a maximum of a one (1) year waiting period before receiving severance pay. Employees may elect to have payment made to an individual 401(a) account. 2. And $110 for each year of service to the school district as of January 1, 2015, which shall be contributed in the form of a 401 (A) account by June 30, 2016. Employees shall be fully vested upon separation of employment. Section F. All employees with a hire date of January 1, 2001 through December 31, 2005 shall receive: 1. $40 per day for each accumulated sick day as of January 1, 2015 upon retirement. The accumulated sick days as of January 1, 2015 shall be the maximum and should the employee’s sick days reduce, the payment will be based upon the reduced amount upon retirement. Payment shall be made accordingly; the first payment shall be made during the last month of employment in an amount equal to the employee’s total severance pay or $5,000.00, whichever is lesser. Any subsequent payment(s) required shall be made on an annual basis commencing twelve (12) months following the employee’s date of retirement in an amount equal to the employee’s remaining severance pay or $5,000.00, whichever is lesser. Employees must notify the Superintendent in writing by May 1, one (1) year prior to retirement. Failure of notification before May 1 shall not void nor reduce the employee's severance benefits but may result in a maximum of a one (1) year waiting period before receiving severance pay. Employees may elect to have payment made to an individual 401(a) account. 2. And $100 for each year of service to the school district as of January 1, 2015, which shall be contributed in the form of a 401 (A) account by June 30, 2016. Employees shall be fully vested upon separation of employment. Section G. All employees with a hire date of January 1, 2006 or later shall receive Section B.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Severance Pay. A. Instructional (a) Employees covered hereunder who separate their employment with employed by Producer shall receive the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should set forth below if they have worked the Instructional Employee: 1. Be terminated by necessary qualified years for the Board for just cause; 2. Resign during Producer as follows: * If the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer employee is not offered comparable employment within ninety (90) calendar days following elapsed time after severance occurs, two (2) weeks of accrued severance pay shall be payable. If he is not offered comparable employment within two hundred seventy (270) elapsed days time after severance occurs, the Instructional Employee's last unpaid balance of the total accrued severance pay shall be payable. (b) The rate at which severance pay is payable shall be determined in the same manner as the rate at which vacation pay is determined under the vacation pay provisions of this Agreement; provided, however, that the base period used in computing the employee’s average earnings shall, for the purpose of severance pay, be based on the twelve (12) consecutive month period ending on the date of work. All Instructional Employees who have attained severance, instead of the age employee’s personal income tax earnings year used in computing vacation pay. (c) A “year period” shall be a period of fiftythree hundred sixty-five (55365) years or older during the consecutive calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10days, 2011 and unless extended as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Accountherein provided, an Instructional Employee will receive payment for his/her unused accumulated sick leave up with such period to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning commence with the official date the employment is terminated and computed backward in retrospect upon the prior employment record with Producer. A “qualified year” shall be such a year of retirement as set by the Ohio State Teachers Retirement Systemperiod in which employee actually works two hundred (200) days hereunder for Producer. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance payIf such employee has less than two such consecutive “qualified” years, such Instructional Employee then he shall be deemed to have made application a single “qualified” year only if he actually works hereunder for severance pay, and/or Producer for: (1) one or more days during the first six (6) months of the eighteen (18) month period immediately prior to have terminated employment on the date his employment is terminated and, also (2) two hundred (200) days during the period of three hundred sixty-five (365) consecutive calendar days immediately preceding the date his employment is terminated. (1) In computing past “qualified years,” any period of death. Payment two hundred seventy (270) elapsed days commencing prior to the date hereof, in which the employee did not actually work for Producer, will be deemed to have broken the employment record of such employee and he shall be considered to be a new employee thereafter for the purposes of determining “qualified years.” In the event the severance of such employment occurs after the date hereof, then if the employee is not offered comparable employment within such two hundred seventy (270) elapsed days after such severance occurs, his employment record shall thereupon be terminated and, if rehired thereafter by Producer, he shall be considered a new employee for purposes hereunder as of the date of such rehire. (2) In computing qualified years, if the employee actually worked one or more but less than two hundred (200) days hereunder for Producer in any respective year period, then such year period shall not be counted, but shall be bridged in computing “consecutive qualified years.” However, in no event shall qualified years be counted prior to the most recent termination in employment after which such employee was re- employed by Producer as a new employee as herein defined. (3) If an employee on the date of the severance of his employment hereunder with Producer after the date hereof would otherwise have had one (1), two (2), three (3) or four (4) consecutive “qualified years” with Producer, but had received severance pay either before or after the date hereof, then, for these purposes, he shall be made deemed to be a new employee after such payment and the applicable consecutive qualified years shall be based and computed only upon his employment with Producer after he so became such a new employee. For example: Employee worked for Producer from December 10, 1961 to January 1, 1963, at which time he was dismissed and thereafter paid two weeks severance pay. He is then considered a new employee for severance pay purposes. He was re-employed by Producer on April 15, 1963 and dismissed on April 20, 1964. He was not re-employed by Producer. Ninety (90) days after April 20, 1964, he would be entitled to his maximum severance pay of one (1) week. For example: Employee worked for Producer from December 10, 1961 to January 1, 1963, at which time he was dismissed and thereafter paid two weeks severance pay. He is then a new employee for severance pay purposes. He was re-employed by Producer on July 15, 1963 and dismissed on February 1, 1964 and not rehired thereafter. He would not be entitled to any severance pay from Producer. If an employee on the date of the severance of employment hereunder with Producer after the date hereof would otherwise already have had five (5) or more consecutive “qualified years” with Producer, he shall be entitled to the Instructional Employee's beneficiary(iestotal number of weeks of severance pay as provided in subparagraph (a) above, less an “offset” in the number of days or weeks of any severance pay he received from Producer before the date hereof in connection with employment which is considered in the computation of such qualified years or with “bridged” years. This “offset” shall apply towards the payment due after each respective ninety (90) days, and also to the total number of weeks of severance pay accrued as referred to above. In this instance, payment by Producer of full severance pay to employee prior to the date hereof shall not break the employee’s employment with such Producer for purposes of computing consecutive qualified years hereunder. For example: On December 31, 1963, the employee receives two (2) weeks severance pay from Producer. He is re-employed on February 15, 1964 and continues work with Producer to March 1, 1965, at which time he is dismissed. On that date, he had twenty (20) consecutive qualified years with Producer. He is not re-employed by Producer until March 3, 1966. The two (2) weeks of severance pay of December 31, 1963 are offset against the two (2) weeks of partial severance pay he would otherwise have been entitled to after ninety (90) days following March 1, 1965 and he is not paid anything at that time. After two hundred seventy (270) days following March 1, 1965, he is entitled to eight (8) weeks of severance pay, the unpaid balance of the total accrued maximum ten (10) of record weeks severance pay. (4) Any severance pay paid to an employee after the date hereof under this Agreement shall correspondingly reduce the District's group life insurance plan, otherwise total number of weeks of severance pay to which he is entitled. An employee who receives or has received full severance pay hereunder after the Instructional Employee's estate. Payment date hereof shall be released considered to be a new employee thereafter for the purpose of this provision. For example: The employee is dismissed on February 1, 1964 and on such date already had twenty-three (23) consecutive qualified appointed Executor or Administrator of the Instructional Employee’s estateyears. Ninety (90) days after February 1, if applicable.1964, he is paid two

Appears in 2 contracts

Sources: Supplemental Basic Agreement, Supplemental Basic Agreement

Severance Pay. A. Instructional Employees covered hereunder 34.01 (1 Aug 04) All persons who separate their employment with are employed on a year-round basis on jobs within the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten Union’s jurisdiction who have eighteen (1018) months or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee continuous service will not be eligible for severance pay should when laid off by Company action because there is no work available to which their seniority entitles them. For the Instructional Employee: 1purpose of qualifying for severance pay, adjusted seniority will be considered as continuous service. Be terminated by The number of continuous years of service shall be calculated from the Board last lay-off period for just cause; 2. Resign during which the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractemployee received severance pay. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted 34.01.01 A laid off employee entitled to severance pay and will be paid as such on two (2) percent of his total earnings for the basis last full period of one day continuous service. One-half (0.5) of his severance pay for each due will be paid after the employee has been laid off six (6) weeks. The second half of the severance pay due will be paid after the employee has been laid off three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) daysmonths. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by 34.01.02 (1 Aug 04) If the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance payduration of a lay-off exceeds twelve (12) months, an application must be made to the Treasurer within ninety one-half (900.5) calendar days following the Instructional Employee's last date week of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment pay will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due continuous service in addition to the Instructional Employee will be paid out up 34.01.01 above, subject to the maximum IRS 415 limits each January until all monies have been paid34.02 below. E. 34.01.03 (1 Aug 04) In the event of a permanent paper machine, department, or mill closure, the death maximum amount of an Instructional Employee who is otherwise eligible for severance pay will be one and one-half (1.5) weeks of pay per year of continuous service. 34.01.04 An employee’s recall rights will not be affected in any manner because of payment of severance pay. He will, however, be expected to accept whatever employment is offered to him. If recall occurs before the time when the severance payment is due, no such Instructional Employee shall payment will be deemed made. If an employee is offered recall according to have made application for the applicable recall provision in his case and it is refused, all recall and severance paypay rights are automatically cancelled. 34.01.05 If an employee is recalled after having received all of his severance pay due him, and/or to have terminated employment on the date immediately preceding he will start as of the date of death. Payment his return to accumulate a new period of time, which will be credited toward any future layoff. 34.01.06 If an employee is recalled after having received one-half (0.5) of the severance pay shall be made due him, he will, upon return to work, start accumulating a new period of time which will, in addition to the Instructional Employee's beneficiary(iesunpaid portion, be credited toward any future layoff. 34.02 (1 Aug 04) The total amount of record under the District's group life insurance planseverance pay that an employee may receive will not exceed one and one-half (1.5) weeks of pay per year of continuous service, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estatefor any reason, if applicablefor any time.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Severance Pay. A. Instructional (a) Employees covered hereunder who separate their employment with employed by Producer shall receive the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should set forth below if they have worked the Instructional Employee: 1. Be terminated by necessary qualified years for the Board for just cause; 2. Resign during Producer as follows: * If the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer employee is not offered comparable employment within ninety (90) calendar days following elapsed time after severance occurs, two (2) weeks of accrued severance pay shall be payable. If he is not offered comparable employment within two hundred seventy (270) elapsed days time after severance occurs, the Instructional Employee's last unpaid balance of the total accrued severance pay shall be payable. (b) The rate at which severance pay is payable shall be determined in the same manner as the rate at which vacation pay is determined under the vacation pay provisions of this Agreement; provided, however, that the base period used in computing the employee’s average earnings shall, for the purpose of severance pay, be based on the twelve (12) consecutive month period ending on the date of work. All Instructional Employees who have attained severance, instead of the age employee’s personal income tax earnings year used in computing vacation pay. (c) A “year period” shall be a period of fiftythree hundred sixty-five (55365) years or older during the consecutive calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10days, 2011 and unless extended as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Accountherein provided, an Instructional Employee will receive payment for his/her unused accumulated sick leave up with such period to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning commence with the official date the employment is terminated and computed backward in retrospect upon the prior employment record with Producer, but in no event earlier than May 1, 2003. A “qualified year” shall be such a year of retirement as set by the Ohio State Teachers Retirement Systemperiod in which employee actually works two hundred (200) days hereunder for Producer. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance payIf such employee has less than two (2) such consecutive “qualified” years, such Instructional Employee then he shall be deemed to have made application a single “qualified” year only if he actually works hereunder for Producer for: (1) one or more days during the first six (6) months of the eighteen (18) month period immediately prior to the date his employment is terminated and, also (2) two hundred (200) days during the period of three hundred sixty-five (365) consecutive calendar days immediately preceding the date his employment is terminated. (1) In computing qualified years, if the employee actually worked one or more but less than two hundred (200) days hereunder for Producer in any respective year period, then such year period shall not be counted, but shall be bridged in computing “consecutive qualified years.” However, in no event shall qualified years be counted prior to the most recent termination in employment after which such employee was re-employed by Producer as a new employee as herein defined. (2) If an employee on the date of the severance of his employment hereunder with Producer after the date hereof would otherwise have had one (1), two (2), three (3) or four (4) consecutive “qualified years” with Producer, but had received severance pay either before or after the date hereof, then, for these purposes, he shall be deemed to be a new employee after such payment and the applicable consecutive qualified years shall be based and computed only upon his employment with Producer after he so became such a new employee. If an employee on the date of the severance of employment hereunder with Producer after the date hereof would otherwise already have had five (5) or more consecutive “qualified years” with Producer, he shall be entitled to the total number of weeks of severance pay as provided in subparagraph (a) above, less an “offset” in the number of days or weeks of any severance pay he received from Producer before the date hereof in connection with employment which is considered in the computation of such qualified years or with “bridged” years. This “offset” shall apply towards the payment due after each respective ninety (90) days, and also to the total number of weeks of severance pay accrued as referred to above. In this instance, payment by Producer of full severance pay to employee prior to the date hereof shall not break the employee’s employment with such Producer for purposes of computing consecutive qualified years hereunder. (3) Any severance pay paid to an employee after the date hereof under this Agreement shall correspondingly reduce the total number of weeks of severance pay to which he is entitled. An employee who receives or has received full severance pay hereunder after the date hereof shall be considered to be a new employee thereafter for the purpose of this provision. (d) If the employee has refused an offer of comparable employment from the Producer or was not available when called for work by Producer within the ninety (90) day period or two hundred seventy (270) day period, as the case may be, as provided in subparagraph (a) above, or was dismissed for cause, or if he voluntarily resigns or is laid off as a result of physical incapacity, epidemic, fire, action of the elements, strike, walkouts, labor disputes, governmental order, court order or order of any other legally constituted body, act of God, public enemy, war, riot, civil commotion, or for any other cause or causes beyond the control of the Producer, whether of the same or any other nature, the employee shall not be entitled to any severance pay. If the employee was not available when called for work by Producer as above provided, then Producer, as soon as practical, shall notify the Union that such call was placed and that the employee was not available. With respect to call-backs after layoffs for severance pay, and/or it is recognized that in certain circumstances it may be difficult for an individual to have terminated employment on accept a call immediately when he is currently employed at another studio. It is further recognized that in certain circumstances it may be difficult for the date employee, as well as a hardship to the studio where he is then employed, to be required to accept a call immediately preceding without any notice to his then present employer. It is believed that in the date great majority of deathcases reasonable consideration should be given so that the employee will not lose his severance pay credits. Payment To this end, it is the intent of the parties hereto that if an employee who has qualified for severance pay has been laid off by a studio and, within the ninety-day period referred to, such studio recalls the employee at a time when such employee is unable to accept such recall because of other employment in the motion picture industry, then such ninety-day period shall be made extended by a period equivalent to the Instructional Employee's beneficiary(iesperiod of employment for which the employee was being recalled, but in no event to exceed twenty (20) days. In the event that such employee is again recalled by the studio within the ninety-day period, as extended, and does not accept such recall because of record under other employment in the District's group life insurance planmotion picture industry, or for any other reason, except as otherwise to herein provided, then such employee shall lose his qualification for severance pay and, in the Instructional Employee's estate. Payment event he is subsequently rehired by Producer, then such rehire shall be released as a new employee for purposes hereunder. In the event the employee is unavailable to accept such recall because of employment outside the qualified appointed Executor or Administrator motion picture industry at the time of such recall, he shall have a maximum of two (2) days after the Instructional Employee’s estateday of such recall to make himself available and, if applicablehe fails to do so, then such employee shall lose his qualification for severance pay and, in the event he is subsequently rehired by Producer, then such rehire shall be as a new employee for purposes hereunder. (e) The employment year will be extended by the length of any authorized “leave of absence without pay.” (f) This Article does not apply to employees who are dismissed or not re-employed due to seniority requirements. (g) If a successor company buys out Producer and continues the operation of Producer’s studio, and if the buying company continues the employment at the studio of an employee of Producer, such employee shall retain with the buying company his appropriate severance pay experience credit accrued with Producer and his employment shall not be considered to be terminated for severance pay purposes. If such employee is not so continued in employment by the buying company, then Producer is responsible for any severance pay due the employee at the time of his termination. If such employee is offered employment by the buying company, but elects not to continue his employment with the buying company, he shall not be entitled to any severance pay from either Producer or buying company.

Appears in 2 contracts

Sources: Supplemental Digital Production Agreement, Supplemental Digital Production Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with the Board If TCF terminates Executive’s Employment pursuant to a Termination Without Cause, Executive shall be eligible entitled to convert their unused sick leave at receive Severance pay in the time amount of separation. Eligible Instructional Employees shall be those who: one and one-half (1.5) times the sum of (1. Have ten ) Executive’s then Base Salary, disregarding any Base Salary reduction due to a Good Reason termination, plus (102) or more years in active pay status, or 2. Have attained the age average of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible Executive’s bonuses under TCF’s annual executive incentive plan for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu each of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days most recent complete calendar years of unused sick leave. The maximum Executive’s employment with TCF (or the lesser number of complete calendar years that Executive has been employed by TCF), payable in equal installments over seventy eight (78) weeks, subject to installment payment adjustments, as applicable, to comply with Code Section 409A (“Severance Pay”). Severance provided hereunder is conditioned upon Executive and TCF executing a mutually agreeable release of claims, in substantially the form attached hereto as Appendix A (the “Release”), which is enforceable within sixty (60) days following Executive’s Employment Termination Date. Subject to any delayed payment due to Executive’s status as severance pay a “Specified Employee” under this Article Code Section 409A and as described more fully in Section 14(c)(ii) below, the Severance shall be eightypayable to Executive over time in accordance with TCF’s payroll practices and procedures, beginning on the first pay date after sixty (60) days have lapsed following Executive’s Separation from Service, provided that if the 60-four day period spans two (842) days. D. Payment for sick leave calendar years, payments shall commence on this basis the first pay date in the second calendar year and provided further that TCF, in its sole discretion, may begin the payments earlier if such commencement does not violate Code Section 409A. Notwithstanding the foregoing, if Executive is entitled to receive the Severance but violates any provisions of Sections 10 through 12 hereof after termination of Employment, TCF shall be considered entitled to eliminate all sick leave credit accrued by the Instructional Employee immediately stop paying any further installments of Severance amounts or benefits provided hereunder and shall have any other remedies, including claw back, that may be available to TCF in law or at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paidequity. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 2 contracts

Sources: Executive Employment Agreement (TCF Financial Corp), Executive Employment Agreement (TCF Financial Corp)

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with 23.01 In the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those whoevent of: 1. Have ten (10) Amalgamation, closure of the plant or more years in active pay statusa department thereof, or 2. Have attained Reduction in the age work force due to the elimination of fiftya job process, or the introduction of equipment or methods which causes a regular full-five time employee to lose his employment, the Employer hereby agrees to pay such an employee severance pay at his regular rate of pay according to the following schedule: Consecutive service up to two (55), or 32) years One (1) week Consecutive service over two (2) years One (1) week’s pay for every year of full-time service to a maximum of twenty (20) weeks The foregoing shall be in addition to the regular week’s notice or week’s pay in lieu thereof to which such employees may be entitled. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefitsThis Article does not apply to a temporary lay-off. B. An Instructional Employee will (a) Upon termination such employee shall be placed on a re-call list, subject to the terms of seniority article of this agreement. Each four (4) weeks during the recall period, the employee so affected shall have the option of staying on the recall list or accepting severance pay. Should he elect to remain on the re-call list, he may renew his option every fourth (4th) week but in any event, providing no suitable employment has been provided by the Employer, he must accept severance pay no later than twenty (20) weeks from the date of termination. (b) Employees laid off pursuant to this Article shall retain the right to be rehired for twenty (20) weeks from the date of lay-off, provided that the employee shall leave with the Employer an address at which the employee can be served notice of rehire. The onus shall rest with the employee to maintain a correct address. Any employee failing within seven (7) calendar days to respond to a notice of recall shall be deemed to have forfeited both the right to recall and seniority. (c) Any employee electing to take severance pay under the terms set out above shall forfeit all rights under this Agreement. (d) Any employee electing to retire on pension prior to normal retirement age shall not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractpay. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252e) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance Severance pay shall be made paid in addition to all other sums owing to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicableemployee.

Appears in 1 contract

Sources: Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with Should it become economically necessary to close the Board shall entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be eligible re-employed in this or any other of the Company's operations subject to convert their unused sick leave at Article 12.01 (d) a separation allowance will be paid to such employees subject to the time of separation. Eligible Instructional Employees shall be those whofollowing: 1. Have ten (10a) They have five (5) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefitsyears' seniority. B. An Instructional Employee will (b) They are presently employed by the Company and are accumulating seniority or have been laid off not be eligible for later than ninety (90) days prior to the location's closing date. (c) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God. (d) Employees shall have the option to receive severance pay should the Instructional Employee: 1or transfer to another location. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article Said option shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer exercised within ninety (90) calendar days following of the Instructional Employee's last date of workclosure. All Instructional Employees who have attained The scale for severance allowance shall be based on the age following formula: The number of fifty-years' service minus five (555), times two (2) weeks' pay. Example: 5 years - 5 x 2 = nil An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Company shall hold the severance allowance until the employee is recalled or older during ninety (90) days, whichever is sooner. If the calendar year of retirement and are eligible for a employee is recalled within the foregoing period, no severance payment will allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with Company forthwith. For the official year purposes of retirement as set by this section, the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee location shall be deemed to have made application be closed on a permanent basis, when it or they cease to operate for severance pay, and/or to have terminated employment on the date immediately preceding the date a period of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(iesninety (90) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicabledays.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Severance Pay. A. Instructional Employees covered hereunder 17.01 All persons who separate their employment with are employed on a year round basis on jobs within the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) Union’s jurisdiction, who have one year or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee continuous service will not be eligible for severance pay should the Instructional Employee: 1. Be terminated when laid off by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractCompany action because there is no work available to which their seniority entitles them. C. All sick leave accumulated by the Instructional Employee 17.02 A laid off employee entitled to severance pay will be paid one week per year of service (up to a maximum of two hundred and fifty-two 42 hours) for the last full period of continuous service to a maximum of 26 weeks inclusive of any monies owed under the Employment Standards Act. One half (2521/2) total days may be converted to of the severance pay and due will be paid as such on after the basis employee has been laid off forty-five (45) days. The second half of one day of the severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall due will be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by paid after the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within employee has been laid off ninety (90) calendar days following the Instructional Employee's last date of workdays. All Instructional Employees who have attained the age of fiftyEffective July 1st, 2005, a laid off employee entitled to severance pay will be paid one and one-five half (551 ½) years or older during the calendar weeks per year of retirement and are eligible service (up to a maximum of 42 hours) for the last full period of continuous service to a maximum of 26 weeks inclusive of any monies owed under the Employment Standards Act. 17.03 An employee’s recall rights will not be affected in any manner because of the payment of severance pay. However, if recall occurs before the time when severance payment is due, no such payment will be paid into made. Or, if the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10employee is offered recall, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up according to the maximum IRS 415 limit for the section 403(b) plan unreduced applicable recall provisions in his case and it is refused, all recall and severance pay rights are automatically cancelled except as governed by current federalany existing promotion, state, lay off and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paidrecall clauses. E. In the event of the death of 17.04 If an Instructional Employee who employee is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment recalled after having received all of the severance pay shall due him, he will begin again, as of the date of return, accumulating a new period of time which will be made credited towards any future lay off. 17.05 If an employee is recalled after having received one half (1/2) of the severance pay due him, he will, upon return to work, retain the right to the Instructional Employee's beneficiary(ies) unpaid portion if laid off the second time. He will begin accumulating again a new period of record under the District's group life insurance plantime which will, otherwise to the Instructional Employee's estate. Payment shall in addition be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicablecredited towards any future lay off.

Appears in 1 contract

Sources: Labour Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment (a) An employee with not less than nine (9) years of continuous service with the Board shall University is entitled to be eligible paid on resignation, retirement, termination by reason of disability, expiry of recall rights, or death, severance pay equal to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible 5) days' pay for retirement benefitseach year of service up to a maximum of one hundred (100) days' pay. B. An Instructional Employee will not (b) Sessional employees shall be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course provided they have accumulated not less than nine (9) years of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractactual service. C. All sick leave accumulated (c) A contractual employee with not less than nine (9) years of continuous service with the University is entitled to be paid on resignation, retirement, termination by the Instructional Employee reason of disability, expiry of recall rights, or death, severance pay equal to five (5) days= pay for each year of service up to a maximum of two one hundred (100) days= pay. 23.02 For the purpose of this Article, periods of Long Term Disability or other periods of authorized leave without pay provided for under the terms of the Collective Agreement, shall not be regarded as a break in continuous service and shall be counted as service in determining whether or not the employee has achieved the nine (9) year threshold. Periods of Long Term Disability or authorized leave without pay up to a maximum of fifty-two (25252) total days weeks shall be counted as service in the calculation of the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. Periods of layoff shall not be counted as service in the calculation of the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ nor shall it interrupt the accumulation of service accrued to that point, or in determining the threshold. 23.03 An employee who is re-employed after receiving severance pay, as provided for under this Article, may be converted entitled to severance pay and paid as for subsequent periods of employment provided that: (a) the employee has been out of the employ of the University for a period not exceeding the number of days for which severance pay was paid. (b) the employee refunds the proportionate part of such on the basis of one day severance pay. 23.04 The maximum amount of severance pay for each three (3) days which an employee can receive under this Article, irrespective of unused sick leave. The maximum the number of years' of service or periods of employment, shall not exceed the number of days as specified in Clause 23.01. 23.05 Any severance pay under this Article entitlement of a deceased employee shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered paid to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employeeemployee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 1 contract

Sources: Collective Agreement

Severance Pay. A. Instructional 25.01 Employees covered hereunder who separate their employment permanently laid off for lack of work due to technological improvement or changes in production methods or processes including the method of shipping, receiving or handling of materials or produce, the closing of a department of plant or part of a department are entitled to a severance allowance in accordance with the Board following conditions. A permanent lay-off within the meaning of this Section is a lay-off that is expected to last for a period of at least twelve (12) months or longer. 25.02 Where possible, the Company shall advise the Union in advance if a permanent lay-off as provided in Section 25.01, is to take place. 25.03 An employee shall have the option to be paid the total amount of his severance allowance in a lump sum on the date of separation or by instalments as provided in Section 25.04, but in both cases he shall cease to be an employee of the Company. If rehired, he shall be eligible considered a new employee under the provisions of this Agreement and shall have no rights under this Article 25 based upon his service antedating receipt of his Severance Allowance. 25.04 An employee shall have the option to convert their unused sick leave be paid two weeks of severance pay in one lump sum at the time of separationlay-off and thereafter in weekly instalments until the total sum is exhausted. Eligible Instructional Employees In the event of death of the employee, any unpaid balance shall be those whopaid to the employee's estate. 25.05 Any employee may at any time during the lay-off take his severance allowance or continue in such status until his seniority is lost under this Agreement and then take his severance pay. 25.06 Severance payment shall not be made: 1. Have ten (10a) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, to employees who are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board discharged for just cause; 2. Resign during the course of investigation by the Board for misconduct(b) to employees who voluntarily resign; 3. Resign (c) to employees who are retired; (d) in lieu the event of closing due to acts of God, public enemy, war, disaster or any other reason of similar nature and beyond the control of the Board terminating the Instructional Employee’s contractCompany. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may 25.07 Severance pay shall be converted to severance pay and paid as such on outlined in the basis following table: Years of one day Service Weeks of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days.Pay 0 to 5 years 0 5 to 6 years 4 7 to 8 years 5 9 to 10 years 7 11 to 12 years 8 13 to 14 years 9 15 to 16 years 10 17 to 18 years 11 19 to 20 years 12 over 20 years 17 D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. 25.08 In order to be eligible qualify for severance pay, an application must be made employees shall continue to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment work in satisfactory manner as long as required. 25.09 The above provisions will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating only apply in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up event that the Company is not required to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning pay severance pay in accordance with the official year of retirement as set by the Ohio State Teachers Retirement SystemEmployment Standards Act. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of that the death of an Instructional Employee who Company is otherwise eligible for severance pay, such Instructional Employee shall be deemed required to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the pay severance pay in accordance with the Employment Standards Act, the Union and the Company agree that the Company is only required to pay severance as defined either by the Employment Standards Act or as defined in the Collective Agreement Article 25.07, whichever is the greater, and is not in any way required to pay both. 25.10 For the period of March 24, 2000 to March 23, 2001 inclusive, Article 25 shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicableremain inactive.

Appears in 1 contract

Sources: Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment (a) An employee with not less than nine (9) years of continuous service with the Board shall University is entitled to be eligible paid on resignation, retirement, termination by reason of disability, expiry of recall rights, or death, severance pay equal to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible 5) days' pay for retirement benefitseach year of service up to a maximum of one hundred (100) days' pay. B. An Instructional Employee will not (b) Sessional employees shall be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course provided they have accumulated not less than nine (9) years of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractactual service. C. All sick leave accumulated (c) A contractual employee with not less than nine (9) years of continuous service with the University is entitled to be paid on resignation, retirement, termination by the Instructional Employee reason of disability, expiry of recall rights, or death, severance pay equal to five (5) days’ pay for each year of service up to a maximum of two one hundred (100) days’ pay. 23.02 For the purpose of this Article, periods of Long Term Disability or other periods of authorized leave without pay provided for under the terms of the Collective Agreement, shall not be regarded as a break in continuous service and shall be counted as service in determining whether or not the employee has achieved the the nine (9) year threshold. Periods of Long Term Disability or authorized leave without pay up to a maximum of fifty-two (25252) total days weeks shall be counted as service in the calculation of the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. Periods of layoff shall not be counted as service in the calculation of the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ nor shall it interrupt the accumulation of service accrued to that point, or in determining the threshold. 23.03 An employee who is re-employed after receiving severance pay, as provided for under this Article, may be converted entitled to severance pay and paid as for subsequent periods of employment provided that: (a) the employee has been out of the employ of the University for a period not exceeding the number of days for which severance pay was paid. (b) the employee refunds the proportionate part of such on the basis of one day severance pay. 23.04 The maximum amount of severance pay for each three (3) days which an employee can receive under this Article, irrespective of unused sick leave. The maximum the number of years' of service or periods of employment, shall not exceed the number of days as specified in Clause 23.01. 23.05 Any severance pay under this Article entitlement of a deceased employee shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered paid to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employeeemployee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 1 contract

Sources: Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with If (i) AXOGEN terminates the Board shall be eligible Employment Period for any reason other than Substantial Cause, Permanent Disability or death of Employee or (ii) Employee terminates the Employment Period due to convert their unused sick leave at the time AxoGen’s breach of separation. Eligible Instructional Employees shall be those who: 1. Have this Agreement and failure to cure such breach within ten (10) or more years days following notice of such breach, Employee shall be entitled to the following: (i) For the remainder of the Employment Period, the Company will continue to pay the Employee’s Base Salary (at the rate in active pay status, or 2. Have attained effect immediately before the age of fifty-five (55Employee’s termination date), or 3which shall be payable in normal installments in accordance with the Company’s payroll practices. Retire through Payment will commence within the State Teachers Retirement System sixty (60) day period following the Employee’s termination date (the “Commencement Date”) and who, upon retirement, are immediately eligible continue for retirement benefitsthe remainder of Employment Period in accordance with the Company’s payroll practices. The installments for the period between the date of termination and the Commencement Date will be made in one lump sum on the Commencement Date. B. An Instructional (ii) For the remainder of the Employment Period, the Company will pay the Employee the bonus or bonuses that the Employee would have earned under the bonus plan in which the Employee was participating on the date of termination had the Employee’s employment not terminated. The bonus payments will not be eligible paid in accordance with the terms of the applicable bonus plan at the same times that similarly situated executives are paid bonus payments pursuant to such bonus plan, or if later, on the Commencement Date. (iii) During the remainder of the Employment Period, if the Employee timely elects continued coverage under COBRA, the Company will reimburse the Employee for severance pay should the Instructional Employee: 1. Be terminated monthly COBRA cost of continued health and dental coverage paid by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu Employee under health and dental plans of the Board terminating Company pursuant to section 4980B of the Instructional Employee’s contract. C. All sick leave accumulated by Internal Revenue Code of 1986, as amended (the Instructional “Code”), less the amount that the Employee up would be required to a maximum contribute for health and dental coverage if the Employee were an active employee of two hundred and fifty-two the Company; provided that such reimbursements shall not continue beyond the period in which the Employee fails to pay the applicable COBRA costs. These reimbursements will commence within sixty (25260) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last termination date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into on the Board sponsored Employer 403(bfirst payroll date of each month. (iv) Special Pay Retirement Account per adoption agreement dated March 10Notwithstanding the foregoing, 2011 and if the Employee is a “specified employee” of a publicly held corporation at the Employee’s termination date, the postponement provisions of Section 409A of the Code, as amended hereafter. By participating described in the Employer 403(b) Special Pay Retirement AccountSection 8.M. below, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federalshall apply, stateif applicable, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by term “Commencement Date” shall mean the plan beginning with first payroll date following the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding six-month period following the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicabletermination.

Appears in 1 contract

Sources: Executive Employment Agreement (AxoGen, Inc.)

Severance Pay. A. Instructional Employees covered hereunder who separate their employment In exchange for Employee’s promises contained herein and for Employee’s continued compliance with the Board obligations set forth herein, the Company agrees: a To pay Employee an amount equal to Employee’s base salary for the period beginning on the Effective Date of this Agreement and continuing for a period of 18-months (the “Severance Period”). The total payment for 18-months of base salary is $1,050,000.00 and will be paid to Employee in a lump sum, subject to appropriate withholdings and deductions, within 15 calendar days after the Effective Date of this Agreement. The “Effective Date” of this Agreement is defined as the date this Agreement becomes effective and irrevocable. b To provide Employee with $120,000.00 to obtain outplacement services and to pay reasonable fees incurred by Employee for his professional affiliations, memberships, and/or certifications (the “Outplacement Services Payment”). The Company will not withhold any amount for taxes from this payment and will issue Employee an IRS Form 1099 for the Outplacement Services Payment. Employee agrees that he shall be eligible to convert their unused sick leave at solely responsible for any taxes which may be due on the time of separationOutplacement Services Payment. Eligible Instructional Employees This amount shall be those who: 1paid in one lump sum within 15 days calendar days after the Effective Date of this Agreement. Have ten (10) or more years in active pay statusc As of the Separation Date, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not become ineligible to participate in the Company’s health insurance program subject to Employee’s right, if any, to continuation coverage under COBRA. Thereafter, if applicable, coverage will be eligible made available to Employee at Employee’s sole expense (i.e., Employee will be responsible for severance pay should the Instructional Employee: 1. Be terminated by full COBRA premium) for the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu remaining months of the Board terminating COBRA coverage period made available pursuant to applicable law. d Any equity-based awards granted to Employee will be subject to the Instructional Employee’s contract. C. All sick leave accumulated by terms and conditions of the Instructional Company equity incentive plan and its respective award document, which provide for the vesting of awards representing 6,028 shares of Company stock. e Employee up will be paid an additional cash lump sum of $29,684.65 in full settlement of the 2021 LTIP Award that was scheduled to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 1 contract

Sources: Severance Agreement (Yellow Corp)

Severance Pay. A. Instructional Employees covered hereunder 34.01 (1 Aug 04) All persons who separate their employment with are employed on a year-round basis on jobs within the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten Union’s jurisdiction who have eighteen (1018) months or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee continuous service will not be eligible for severance pay should when laid off by Company action because there is no work available to which their seniority entitles them. For the Instructional Employee: 1purpose of qualifying for severance pay, adjusted seniority will be considered as continuous service. Be terminated by The number of continuous years of service shall be calculated from the Board last lay-off period for just cause; 2. Resign during which the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractemployee received severance pay. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted 34.01.01 A laid off employee entitled to severance pay and will be paid as such on two (2) percent of his total earnings for the basis last full period of one day continuous service. One-half (0.5) of his severance pay for each due will be paid after the employee has been laid off six (6) weeks. The second half (0.5) of the severance pay due will be paid after the employee has been laid off three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) daysmonths. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by 34.01.02 (1 Aug 04) If the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance payduration of a lay-off exceeds twelve (12) months, an application must be made to the Treasurer within ninety one-half (900.5) calendar days following the Instructional Employee's last date week of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment pay will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due continuous service in addition to the Instructional Employee will be paid out up 34.01.01 above, subject to the maximum IRS 415 limits each January until all monies have been paid34.02. E. 34.01.03 (1 Aug 04) In the event of a permanent paper machine, department, or mill closure, the death maximum amount of an Instructional Employee who is otherwise eligible for severance pay will be one and one-half (1.5) weeks of pay per year of continuous service. 34.01.04 An employee’s recall rights will not be affected in any manner because of the payment of severance pay. He will, however, be expected to accept whatever employment is offered to him. If recall occurs before the time when the severance payment is due, no such Instructional Employee shall payment will be deemed made. Or, if an employee is offered recall according to have made application for the applicable recall provision in his case and it is refused, all recall and severance paypay rights are automatically cancelled. 34.01.05 If an employee is recalled after having received all of his severance pay due him, and/or to have terminated employment on the date immediately preceding he will start as of the date of death. Payment his return to accumulate a new period of time, which will be credited toward any future layoff. 34.01.06 If an employee is recalled after having received one-half (0.5) of the severance pay shall be made due him, he will, upon return to work, start accumulating a new period of time which will, in addition to the Instructional Employee's beneficiary(iesunpaid portion, be credited toward any future layoff. 34.02 (1 Aug 04) The total amount of record under the District's group life insurance planseverance pay that an employee may receive will not exceed one and one-half (1.5) weeks of pay per year of continuous service, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estatefor any reason, if applicablefor any time.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their with nine (9) or more years of continuous employment whose services are terminated as a result of retirement in accordance with the Board provisions of The Civil Service Superannuation Act, or death, shall be eligible paid, or to convert their unused sick leave the employee’s estate in the event of death, severance pay in the amount of one (1) week’s pay for each complete year of continuous employment or portion thereof, but the total amount of severance pay shall not exceed fifteen (15) weeks’ pay. (Example: years, complete months of continuous service equals 8/12 years of continuous service for purposes of calculation.) Where an employee in his or her ninth (9th) year of continuous service fails to complete nine (9) years’ continuous service as a result of retiremen accordance with the provisions of The Civil Service Superannuation Act or the employee shall be paid, or to the employee’s estate in the event of death, severance pay on the basis of nine (9) weeks’ pay multiplied by the factor of the number of complete months service completed in his or her ninth (9th) year divided by twelve (12) months Employees with three (3) or more years of continuous employment whose services are terminated as a result of permanent lay-off shall be paid severance pay in \\of one week’s pay for each complete year of continuous employment thereof, but the total amount of severance pay shall not exceed twenty-two Where an employee in his or her third (3rd) year of continuous service fails to complete three (3) years’ continuous service as a result of permanent lay-off, the employee shall be paid severance pay on the basis of three (3) weeks’ pay multiplied by the factor of the number of complete months service completed in his or her third (3rd) year divided by twelve (12) months. The rate of pay referred to in this Article shall be determined on the is of the last regular rate of pay, excluding allowances, which was n effect for the employee at the time of separationretirement, permanent lay-off, or death. Eligible Instructional Employees Subject to section the rate of pay for hourly rated employees shall be those who: 1determined on the basis of the applicable work week, either thirty-six and one-quarter (36 or forty (40) hours per week. Have ten (10) or more years in active pay status, or 2. Have attained In the age case of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be employees eligible for severance pay should who are on stand-by or temporary lay-off at the Instructional Employee: 1. Be terminated by time of retirement, permanent lay-off or death, the Board weekly hours shall be, subject to Section the normal weekly hours of work in effect for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu classification of the Board terminating employees at the Instructional Employee’s contract. C. All sick leave accumulated by time of the Instructional Employee up to a maximum of two hundred and fiftyretirement, permanent lay-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employeeoff or death. In order to be eligible for severance paythe case of hourly paid employees whose total weekly hours of work vary between summer and winter, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay to be paid shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator based on an average of the Instructional Employee’s estate, if applicablenormal hours of work over the fiscal year.

Appears in 1 contract

Sources: Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment If the Employer ceases wholly or partly the operations, merges with another Employer, or changes operating methods and the Board Employer is unable to provide work for a displaced Employee-same regular rate of pay in a comparable class of work then the Employee shall be eligible given thirty (30) days notice or four (4) weeks pay in lieu of notice and severance pay on the basis of two (2) weeks pay for each year of employment up to convert their unused sick leave year fourteen and three (3) weeks pay for each year of employment thereafter to a maximum of fifty-two (52) weeks. In no circumstances can the Employee’s severance pay be based upon less than the Employee’s pay for the last month of work completed. (i) The recall period shall be for the duration of the severance period. (ii) Notwithstanding the above, all Employees laid off will have a minimum of six (6) months right of recall from the date of lay-off. All E employees with fifteen (15) years or more seniority will have twelve (12) months right of recall from the date of lay-off. At the completion of this period the Employee is considered terminated and the right of recall shall cease. (iii) An Employee may choose full severance payout at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fiftylay-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefitsoff. B. (iv) An Instructional Employee will not be eligible for may choose severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to monthly for the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment duration of the severance period. (v) An Employee may request and receive total remaining severance payout at any time during the severance period. (vi) If an Employee is recalled and accepts a position with the Company, any severance pay shall that he/she has received that is over the number of weeks that he/she has been on lay-off must be made refunded to the Instructional Employee's beneficiary(ies) of record under Company. Failure to agree to pay the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator balance of the Instructional Employee’s estate, if applicableseverance will therefore be considered a termination and the Employee will forego the right of recall.

Appears in 1 contract

Sources: Wic (Edmonton) Staff Association Agreement

Severance Pay. A. Instructional 13.01 Severance Pay: Should it become economically necessary to close the entire location or a particular major section or sections of the said location on a permanent basis and it is not reasonably expected that those affected will be re-employed in this or any other of the Employer’s operations subject to Article 13.01 (d) a separation allowance will be paid to such employees subject to the following: (a) They are presently employed by the Employer and are accumulating seniority or have been laid off not later than ninety (90) days prior to the location's closing date. (b) The closing is not brought about by war, strike, walkout, work stoppage, slowdown or other cessation of work, fire, government action or Act of God. (c) Employees covered hereunder who separate their employment with shall have the Board option to receive severance pay or transfer to another location. Said option shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer exercised within ninety (90) calendar days following of the Instructional Employee's last date of workclosure. All Instructional Employees who have attained The scale for severance allowance shall be based on the age following formula: Less than 1 year Nil 1 year to 2 years 2 weeks’ pay 3 years to 6 years 3 weeks’ pay Years of fifty-service beyond 6 years service will apply the “formula” The number of years' service minus five (555), times two (2) weeks' pay. Example: 7 years - 5 x 2 = 4 weeks’ pay 10 years - 5 x 2 = 10 weeks' pay 20 years - 5 x 2 = 30 weeks' pay 30 years - 5 x 2 = 50 weeks' pay An employee shall have the option to remain on the payroll and the seniority list for possible recall. In this event, the Employer shall hold the severance allowance until the employee is recalled or older during ninety (90) days, whichever is sooner. If the calendar year of retirement and are eligible for a employee is recalled within the foregoing period, no severance payment will allowance shall be payable. If the employee is NOT recalled within ninety (90) days, the severance allowance shall be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in by the Employer 403(b) Special Pay Retirement Accountforthwith. For the purposes of this section, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee location shall be deemed to have made application be closed on a permanent basis, when it or they cease to operate for severance pay, and/or to have terminated employment on the date immediately preceding the date a period of death. Payment of the ninety (90) days. 13.02 Employees who receive severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance planprovisions of this Article shall, otherwise to in doing so, terminate both their seniority and employment relationship with the Instructional Employee's estate. Payment Employer and shall be released to have no further rights or privileges under this Agreement or under any other Labour agreement or agreements between the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicablesigning parties.

Appears in 1 contract

Sources: Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder (A) An employee may draw on his/her accumulated sick and emergency days beyond a minimum accumulation of sixty (60) days, provided s/he has qualified for severance pay benefits in accordance with Article VII, Section 8 of this Agreement (B) Each employee who separate their employment with has been employed by the Board shall be eligible to convert their unused sick leave at the time BOARD for a period of separation. Eligible Instructional Employees shall be those who: 1. Have ten five (105) consecutive years or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not shall be eligible for severance pay should upon death, retirement under the Instructional Michigan School Employee:’s Retirement System or Social Security. 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu (C) Such severance pay shall be paid as follows: 1 – 90 days – 50%; 91 – 124 days – 75%; 125 days or more – 80% of the Board terminating employee’s accumulated sick and emergency leave days paid in accordance with the Instructional Employeeemployee’s contractlast regular daily rate. C. All sick leave accumulated by (D) If an employee’s employment is terminated after five (5) consecutive years of employment with the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to district, such severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) daysan amount equal to 35% of the employee’s accumulated sick and emergency leave days paid in accordance with the employee’s last regular daily rate. D. Payment for sick leave on this basis (E) If an employee is involuntarily laid off prior to having worked five (5) consecutive years with the district, s/he shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application pay in the amount equal to 25% of the employee’s accumulated sick and emergency leave days paid in accordance with the employee’s last regular daily rate. It is understood the employee must be request this severance pay in writing to the Personnel Office one week from the date s/he is notified of his/her layoff. Once such payment is made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10laid off employee, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick and emergency leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies bank will be paid into the Employer 403(b) Special Pay Retirement Account as elected completely exhausted and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In in the event of recall s/he shall have no accumulated leave days. (F) An employee can only draw once during any given fiscal year a number of days not to exceed $3,000.00 in compensation. The days will be compensated in the death following manner: The rate will be determined in accordance with Article VII, Section 8 C of an Instructional Employee who this Agreement. The payout rate is otherwise eligible frozen at the rate in effect on April 1, 2001, until such time as the employee uses those days for severance pay, such Instructional Employee shall actual sick or emergency leave. In that event a reduction of rate (in accordance with the aforementioned) may result; the employee would be deemed to have made application for severance pay, and/or to have terminated employment on compensated at the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicablenew rate.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their If the Employee's employment with is terminated during the Board shall be eligible to convert their unused sick leave first five years of employment by mutual consent, by constructive termination or involuntarily by the Company without Cause, the Employee's base salary payable at the time of separation. Eligible Instructional Employees such termination shall be those who: continued for the period set forth in the following table opposite the employment period in which such termination of employment occurred. If the Company's severance policy for senior executives would pay a larger benefit, the Employee shall receive such larger benefit. Employment Period Period of During which Termination Occurs Base Pay Continuation ------------------------------- --------------------- From To ---- -- January 1. Have ten , 1996 January 31, 1997 3 years February 1, 1997 January 31, 1998 3 years February 1, 1998 April 30, 1998 2 years 9 months May 1, 1998 July 31, 1998 2 years 6 months August 1, 1998 October 31, 1998 2 years 3 months November 1, 1998 January 31, 1999 2 years February 1, 1999 April 30, 1999 1 year 9 months May 1, 1999 July 31, 1999 1 year 6 months August 1, 1999 January 31, 2000 1 year 3 months For purposes of this agreement a constructive termination of the Employee's employment shall occur if the Employee terminates employment pursuant to Section 5(c) of the Amended Change in Control Agreement or within one year after the occurrence of any of the following without the explicit written consent of the Employee: (10a) diminution of responsibilities, (b) removal from or failure to be reelected to the Board of Directors of the Company, (c) a change in work location beyond a 50 mile radius from the Employee's current location of employment (it being understood that foreign business travel shall not constitute a "change in work location" for these purposes unless it averages more years in active pay status, or 2. Have attained the age of fifty-five (55than one calendar week per month outside North America), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated or (d) any breach of Section 2 of this Agreement or any other material breach of this Agreement by the Board for just cause; 2Company. Resign during The payment of benefits hereunder upon the course occurrence of investigation by the Board for misconduct; 3. Resign a constructive termination shall be in addition to, and not in lieu of, any benefits pursuant to the Amended Change in Control Agreement. Notwithstanding the preceding provisions of this Section 2.6, if a constructive termination occurs after the occurrence of a Change in Control, the Employee shall only be entitled to the greater of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay benefits provided under this Article shall be eighty-four (84Section 2.6 or under Section 6(a)(i)(B) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicableAmended Change in Control Agreement.

Appears in 1 contract

Sources: Employment Agreement (Hasbro Inc)

Severance Pay. A. Instructional Employees covered hereunder 34.01 (1 Aug 04) All persons who separate their employment with are employed on a year-round basis on jobs within the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten Union’s jurisdiction who have eighteen (1018) months or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee continuous service will not be eligible for severance pay should when laid off by Company action because there is no work available to which their seniority entitles them. For the Instructional Employee: 1purpose of qualifying for severance pay, adjusted seniority will be considered as continuous service. Be terminated by The number of continuous years of service shall be calculated from the Board last lay-off period for just cause; 2. Resign during which the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractemployee received severance pay. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted 34.01.01 A laid off employee entitled to severance pay and will be paid as such on two (2) percent of his total earnings for the basis last full period of one day continuous service. One-half (0.5) of his severance pay for each due will be paid after the employee has been laid off six (6) weeks. The second half of the severance pay due will be paid after the employee has been laid off three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) daysmonths. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by 34.01.02 (1 Aug 04) If the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance payduration of a lay-off exceeds twelve (12) months, an application must be made to the Treasurer within ninety one-half (900.5) calendar days following the Instructional Employee's last date week of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment pay will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due continuous service in addition to the Instructional Employee will be paid out up 34.01.01 above, subject to the maximum IRS 415 limits each January until all monies have been paid34.02 below. E. 34.01.03 (1 Aug 04) In the event of a permanent paper machine, department, or mill closure, the death maximum amount of an Instructional Employee who is otherwise eligible for severance pay will be one and one-half (1.5) weeks of pay per year of continuous service. 34.01.04 An employee’s recall rights will not be affected in any manner because of the payment of severance pay. He will, however, be expected to accept whatever employment is offered to him. If recall occurs before the time when the severance payment is due, no such Instructional Employee shall payment will be deemed made. If an employee is offered recall according to have made application for the applicable recall provision in his case and it is refused, all recall and severance paypay rights are automatically cancelled. 34.01.05 If an employee is recalled after having received all of his severance pay due him, and/or to have terminated employment on the date immediately preceding he will start as of the date of death. Payment his return to accumulate a new period of time, which will be credited toward any future layoff. 34.01.06 If an employee is recalled after having received one-half (0.5) of the severance pay shall be made due him, he will, upon return to work, start accumulating a new period of time which will, in addition to the Instructional Employee's beneficiary(iesunpaid portion, be credited toward any future layoff. 34.02 (1 Aug 04) The total amount of record under the District's group life insurance planseverance pay that an employee may receive will not exceed one and one-half (1.5) weeks of pay per year of continuous service, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estatefor any reason, if applicablefor any time.

Appears in 1 contract

Sources: Labour Agreement

Severance Pay. A. Instructional (a) Employees covered hereunder who separate their employment with employed by Producer shall receive the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should set forth below if they have worked the Instructional Employee: 1. Be terminated by necessary qualified years for the Board for just cause; 2. Resign during Producer as follows: * If the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer employee is not offered comparable employment within ninety (90) calendar days following elapsed time after severance occurs, two (2) weeks of accrued severance pay shall be payable. If he is not offered comparable employment within two hundred seventy (270) elapsed days time after severance occurs, the Instructional Employee's last unpaid balance of the total accrued severance pay shall be payable. (b) The rate at which severance pay is payable shall be determined in the same manner as the rate at which vacation pay is determined under the vacation pay provisions of this Agreement; provided, however, that the base period used in computing the employee’s average earnings shall, for the purpose of severance pay, be based on the twelve (12) consecutive month period ending on the date of work. All Instructional Employees who have attained severance, instead of the age employee’s personal income tax earnings year used in computing vacation pay. (c) A “year period” shall be a period of fiftythree hundred sixty-five (55365) years or older during the consecutive calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10days, 2011 and unless extended as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Accountherein provided, an Instructional Employee will receive payment for his/her unused accumulated sick leave up with such period to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning commence with the official date the employment is terminated and computed backward in retrospect upon the prior employment record with Producer. A “qualified year” shall be such a year of retirement as set by the Ohio State Teachers Retirement Systemperiod in which employee actually works two hundred (200) days hereunder for Producer. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance payIf such employee has less than two such consecutive “qualified” years, such Instructional Employee then he shall be deemed to have made application a single “qualified” year only if he actually works hereunder for severance pay, and/or Producer for: (1) one or more days during the first six (6) months of the eighteen (18) month period immediately prior to have terminated employment on the date his employment is terminated and, also (2) two hundred (200) days during the period of three hundred sixty-five (365) consecutive calendar days immediately preceding the date his employment is terminated. (1) In computing past “qualified years,” any period of death. Payment two hundred seventy (270) elapsed days commencing prior to the date hereof, in which the employee did not actually work for Producer, will be deemed to have broken the employment record of such employee and he shall be considered to be a new employee thereafter for the purposes of determining “qualified years.” In the event the severance of such employment occurs after the date hereof, then if the employee is not offered comparable employment within such two hundred seventy (270) elapsed days after such severance occurs, his employment record shall thereupon be terminated and, if rehired thereafter by Producer, he shall be considered a new employee for purposes hereunder as of the date of such rehire. (2) In computing qualified years, if the employee actually worked one or more but less than two hundred (200) days hereunder for Producer in any respective year period, then such year period shall not be counted, but shall be bridged in computing “consecutive qualified years.” However, in no event shall qualified years be counted prior to the most recent termination in employment after which such employee was re- employed by Producer as a new employee as herein defined. (3) If an employee on the date of the severance of his employment hereunder with Producer after the date hereof would otherwise have had one (1), two (2), three (3) or four (4) consecutive “qualified years” with Producer, but had received severance pay either before or after the date hereof, then, for these purposes, he shall be made deemed to be a new employee after such payment and the applicable consecutive qualified years shall be based and computed only upon his employment with Producer after he so became such a new employee. For example: Employee worked for Producer from December 10, 1961 to January 1, 1963, at which time he was dismissed and thereafter paid two weeks severance pay. He is then considered a new employee for severance pay purposes. He was re-employed by Producer on April 15, 1963 and dismissed on April 20, 1964. He was not re-employed by Producer. Ninety (90) days after April 20, 1964, he would be entitled to his maximum severance pay of one (1) week. For example: Employee worked for Producer from December 10, 1961 to January 1, 1963, at which time he was dismissed and thereafter paid two weeks severance pay. He is then a new employee for severance pay purposes. He was re-employed by Producer on July 15, 1963 and dismissed on February 1, 1964 and not rehired thereafter. He would not be entitled to any severance pay from Producer. If an employee on the date of the severance of employment hereunder with Producer after the date hereof would otherwise already have had five (5) or more consecutive “qualified years” with Producer, he shall be entitled to the Instructional Employee's beneficiary(iestotal number of weeks of severance pay as provided in subparagraph (a) above, less an “offset” in the number of days or weeks of any severance pay he received from Producer before the date hereof in connection with employment which is considered in the computation of such qualified years or with “bridged” years. This “offset” shall apply towards the payment due after each respective ninety (90) days, and also to the total number of weeks of severance pay accrued as referred to above. In this instance, payment by Producer of full severance pay to employee prior to the date hereof shall not break the employee’s employment with such Producer for purposes of computing consecutive qualified years hereunder. For example: On December 31, 1963, the employee receives two (2) weeks severance pay from Producer. He is re- employed on February 15, 1964 and continues work with Producer to March 1, 1965, at which time he is dismissed. On that date, he had twenty (20) consecutive qualified years with Producer. He is not re- employed by Producer until March 3, 1966. The two (2) weeks of severance pay of December 31, 1963 are offset against the two (2) weeks of partial severance pay he would otherwise have been entitled to after ninety (90) days following March 1, 1965 and he is not paid anything at that time. After two hundred seventy (270) days following March 1, 1965, he is entitled to eight (8) weeks of severance pay, the unpaid balance of the total accrued maximum ten (10) of record weeks severance pay. (4) Any severance pay paid to an employee after the date hereof under this Agreement shall correspondingly reduce the District's group life insurance plan, otherwise total number of weeks of severance pay to which he is entitled. An employee who receives or has received full severance pay hereunder after the Instructional Employee's estate. Payment date hereof shall be released considered to be a new employee thereafter for the purpose of this provision. For example: The employee is dismissed on February 1, 1964 and on such date already had twenty-three (23) consecutive qualified appointed Executor or Administrator of the Instructional Employee’s estateyears. Ninety (90) days after February 1, if applicable.1964, he is paid two

Appears in 1 contract

Sources: Supplemental Basic Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment Newswriters, Promotion Writer/Producers, News Assignment Deskpersons and Writers, Researchers and News Desk Associates laid off or discharged for causes other than insubordination, dishonesty, intoxication or gross misconduct shall receive severance pay in accordance with the Board shall be eligible following schedule: Length of Service Amount of Severance Pay 0 - 3 months 0 3 - 6 months 2 weeks 6 - 12 months 3 weeks 12 months to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more 2 years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System 4 weeks 2 - 3 years 5 weeks 3 - 4 years 6 weeks 4 - 5 years 7 weeks 5 - 6 years 8 weeks 6 - 7 years 9 weeks 7 - 8 years 10 weeks 8 - 9 years 12 weeks 9 - 10 years 13 weeks 10 years and who, upon retirement, are immediately eligible for retirement benefitsover 15 weeks The Company will also give individual consideration to all entitled to receive severance pay. B. An Instructional Employee will not be eligible If a News Editor who has been employed by the Company more than six months is laid off, or is discharged for causes other than insubordination, dishonesty, intoxication or gross misconduct, the Company agrees to give such News Editor severance pay should of one (1) week's staff salary for each full year of employment, but the Instructional Employee: 1minimum amount payable hereunder shall be two (2) weeks' severance pay. Be terminated by In computing seniority for purposes of this paragraph, the Board seniority of an Editor who has been promoted from Newswriter to News Editor shall include full credit for just cause; 2the time spent as a Newswriter. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractThe Company will also give individual consideration to all entitled to receive severance pay. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of any layoff or discharge of a Graphic Artist except for dishonesty, intoxication, or gross insubordination, or where the death Union requires a discharge for non-payment of dues, the Company will pay in an Instructional amount equal to one (1) week's pay for each year of Company seniority; provided, however, that in no event shall a regular Employee who is otherwise eligible for receive less than two (2) week's severance pay. D. Any employee who gives less than two weeks notice of resignation shall lose his/her accrued but unused vacation, such Instructional Employee except where prohibited by law. This forfeiture shall be deemed to have made application one (1) day for severance payeach work day less than the above required two week notice period, and/or to have terminated employment on e.g., if only one week of notice is given, the date immediately preceding the date of death. Payment of the severance pay forfeiture shall be made limited to the Instructional Employee's beneficiary(iesfive (5) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicabledays.

Appears in 1 contract

Sources: Wga CBS National Staff Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment Newswriters, Promotion Writer/Producers, News Assignment ▇▇▇▇▇▇▇▇▇▇▇ and Writers, Researchers and News Desk Associates laid off or discharged for causes other than insubordination, dishonesty, intoxication or gross misconduct shall receive severance pay in accordance with the Board shall be eligible following schedule: Length of Service Amount of Severance Pay 0 - 3 months 0 3 - 6 months 2 weeks 6 - 12 months 3 weeks 12 months to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more 2 years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System 4 weeks 2 - 3 years 5 weeks 3 - 4 years 6 weeks 4 - 5 years 7 weeks 5 - 6 years 8 weeks 6 - 7 years 9 weeks 7 - 8 years 10 weeks 8 - 9 years 12 weeks 9 - 10 years 13 weeks 10 years and who, upon retirement, are immediately eligible for retirement benefitsover 15 weeks The Company will also give individual consideration to all entitled to receive severance pay. B. An Instructional Employee will not be eligible If a News Editor who has been employed by the Company more than six months is laid off, or is discharged for causes other than insubordination, dishonesty, intoxication or gross misconduct, the Company agrees to give such News Editor severance pay should of one (1) week's staff salary for each full year of employment, but the Instructional Employee: 1minimum amount payable hereunder shall be two (2) weeks' severance pay. Be terminated by In computing seniority for purposes of this paragraph, the Board seniority of an Editor who has been promoted from Newswriter to News Editor shall include full credit for just cause; 2the time spent as a Newswriter. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractThe Company will also give individual consideration to all entitled to receive severance pay. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of any layoff or discharge of a Graphic Artist except for dishonesty, intoxication, or gross insubordination, or where the death Union requires a discharge for non-payment of dues, the Company will pay in an Instructional amount equal to one (1) week's pay for each year of Company seniority; provided, however, that in no event shall a regular Employee who is otherwise eligible for receive less than two (2) week's severance pay. D. Any employee who gives less than two weeks notice of resignation shall lose his/her accrued but unused vacation, such Instructional Employee except where prohibited by law. This forfeiture shall be deemed to have made application one (1) day for severance payeach work day less than the above required two week notice period, and/or to have terminated employment on e.g., if only one week of notice is given, the date immediately preceding the date of death. Payment of the severance pay forfeiture shall be made limited to the Instructional Employee's beneficiary(iesfive (5) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicabledays.

Appears in 1 contract

Sources: Wga CBS National Staff Agreement

Severance Pay. A. Instructional Employees covered hereunder 34.01 (1 Aug 04) All persons who separate their employment with are employed on a year-round basis on jobs within the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten Union’s jurisdiction who have eighteen (1018) months or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee continuous service will not be eligible for severance pay should when laid off by Company action because there is no work available to which their seniority entitles them. For the Instructional Employee: 1purpose of qualifying for severance pay, adjusted seniority will be considered as continuous service. Be terminated by The number of continuous years of service shall be calculated from the Board last lay-off period for just cause; 2. Resign during which the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractemployee received severance pay. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted 34.01.01 A laid off employee entitled to severance pay and will be paid as such on two (2) percent of his total earnings for the basis last full period of one day continuous service. One-half (0.5) of his severance pay for each due will be paid after the employee has been laid off six (6) weeks. The second half of the severance pay due will be paid after the employee has been laid off three (3) days months.‌ 34.01.02 (1 Aug 04) If the duration of unused sick leave. The maximum number a lay-off exceeds twelve (12) months, one-half (0.5) week of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due continuous service in addition to the Instructional Employee will be paid out up 34.01.01 above, subject to the maximum IRS 415 limits each January until all monies have been paid34.02. E. 34.01.03 (1 Aug 04) In the event of a permanent paper machine, department, or mill closure, the death maximum amount of an Instructional Employee who is otherwise eligible for severance pay will be one and one-half (1.5) weeks of pay per year of continuous service. 34.01.04 An employee’s recall rights will not be affected in any manner because of the payment of severance pay. He will, however, be expected to accept whatever employment is offered to him. If recall occurs before the time when the severance payment is due, no such Instructional Employee shall payment will be deemed made or if an employee is offered recall according to have made application for the applicable recall provision in his case and it is refused, all recall and severance paypay rights are automatically cancelled. 34.01.05 If an employee is recalled after having received all of his severance pay due him, and/or to have terminated employment on the date immediately preceding he will start as of the date of death. Payment his return to accumulate a new period of time, which will be credited toward any future layoff. 34.01.06 If an employee is recalled after having received one-half of the severance pay shall be made due to him, he will, upon return to work, start accumulating a new period of time which will, in addition to the Instructional Employee's beneficiary(iesunpaid portion, be credited toward any future layoff. 34.02 (1 Aug 04) The total amount of record under the District's group life insurance planseverance pay that an employee may receive will not exceed one and one-half (1.5) weeks of pay per year of continuous service, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estatefor any reason, if applicable.for any time.‌

Appears in 1 contract

Sources: Collective Bargaining Agreement

Severance Pay. A. Instructional Employees covered hereunder (a) As an alternative to bumping a more junior employee or going on the recall list for purposes of future recall, a permanent employee, whose position has been eliminated as the result of a layoff under this article, ▇▇▇ opt to resign and take severance pay. Employees, who separate take severance pay, are deemed to have resigned their employment with in all respects, after which they have no further claim against the Board Employer arising out of their employment. (b) The quantum of severance pay applying to any full-time employee is one (1) week's pay, calculated at the employee's normal basic rate, for each year of continuous employment completed immediately prior to his/her layoff, prorated for time completed in the employee's final part year of service. Regular part-time employees shall be eligible to convert their unused sick leave at for one (1) week's severance pay after each year of continuous accumulated service, based upon the average weekly hours each such employee normally works. Full-time of separation. Eligible Instructional Employees shall be those who: 1. Have ten employees having fifteen (1015) or more years in active of continuous employment completed immediately prior to their layoff, shall receive one (1) additional week's severance pay status, or 2. Have attained the age for each year of fifty-five completed continuous employment that exceeds fifteen (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits15) years of continuous employment. B. An Instructional Employee will (c) The above notwithstanding, laid-off employees, who are offered employment by a library system that replaces the VIRL in the employee's former geographical area or service area, shall not be eligible for severance pay should under this article, provided the Instructional Employee: 1. Be terminated work involved is normally performed by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu professional librarians and such alternate employment is to commence within six (6) months of the Board terminating employee's layoff date. The VIRL has the Instructional Employee’s contractright to take such actions as may be necessary to recover any severance amounts paid out under this article, for which the recipient is not eligible. C. All sick leave accumulated by (d) A full-time employee who receives notice of layoff and who is eligible to retire under the Instructional Employee up to a maximum terms of two hundred and fifty-two (252) total days may the Municipal Pension Plan during what would otherwise be converted to their severance pay period may elect to take paid leave and then retirement. In such cases, the employee shall commence the paid as such on leave effective the basis date of one day of severance pay for each three (3) days of unused sick leavelayoff. The maximum number of days as weeks of paid leave any employee may receive under this section shall not exceed the quantum of severance pay to which the employee would otherwise be entitled under this Article shall be eighty-four (84) daysarticle. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 1 contract

Sources: Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with the Board The amount of severance pay to be received by an eligible, terminated employee shall be eligible to convert their unused sick leave determined on the basis of the employee's status at the time of separationtermination and on the employee's length of service as of the Severance pay will be based on the employee's base annual salary or regular weekly wage in effect on the last day of active employment (exclusive of overtime, commissions, bonus, incentive pay, or any other special payments). Eligible Instructional Employees Applicable deductions and withholding will apply. Any pay mandated by state or federal law (or which would be mandated absent prior notice), such as plant closing benefits and the like, will reduce the amount of severance pay otherwise payable hereunder. Benefits hereunder may not be assigned or alienated, whether voluntarily or involuntarily, and any attempt to do so will be null and void to the fullest extent permitted by law. -------------------------------------------------------------------------------- IF THE ELIGIBLE AND THE ELIGIBLE THE AMOUNT OF EMPLOYEE IS (A/AN): EMPLOYEE HAS BEEN SEVERANCE PAY IS: WITH THE COMPANY: -------------------------------------------------------------------------------- Non-officer Five years or less two months Non-officer More than five years two months* Officer (any Officer other Five years of less four months than a Senior Officer) Officer (any Officer other More than five years four months* than a Senior Officer) Senior Officer Five years or less six months Senior Officer More than five but six months* less than 20 years Senior Officer More than 20 years one year** -------------------------------------------------------------------------------- * Plus one week of additional pay for each full year employed with the Company (since last hire date) in excess of five years. ** Plus one week of additional pay for each full year employed with the Company (since last hire date) in excess of 20 years. -------------------------------------------------------------------------------- In addition, an eligible, terminated employee who receives approved severance pay will also receive pay for a maximum of 80 hours of available vacation time, as awarded at the employee's last anniversary of employment. The eligible, terminated employee shall not receive any pay for unused floating personal days, birthday time or sick time. Each eligible, terminated employee who is under age 50 (or who is over age 50, but has not completed 15 years of continuous service to the Company) and who receives approved severance pay will also be those entitled to three months of continued health care coverage in the eligible, terminated employee's current health care plan and at the employee's current enrolled level of coverage, i.e., individual or family coverage, so that if the eligible, terminated employee has not obtained other employer-sponsored health coverage, three on the 18 months of eligible COBRA-required coverage will be at the Company's sole expense and the remaining 15 months of COBRA-required coverage will be at the eligible, terminated employee's sole expense (the employee's expense to be calculated at the total prevailing monthly premium [employee plus employer costs] as of the annual plan renewal date each year). Each eligible, terminated employee who receives approved severance pay and who: 1. Have ten (10) , on the effective termination date, is 50 years of age or older and has 15 or more years of continuous service with the Company since his or her last hire date, will be entitled to receive three months of continued health care coverage in active pay statusthe eligible, or 2. Have attained terminated employee's current health care plan at the age employee's current enrolled level of fifty-five coverage (55i.e., individual or family coverage) at the Company's sole expense, plus coverage thereafter at the eligible, terminated employee's current coverage at the employee's sole expense (the employee's expense to be calculated at the total prevailing monthly premium [employee plus employer costs] as of the annual plan renewal date each year), or 3such coverage to continue until the date of the first to occur of (a) the employee's eligibility for other employer-sponsored health coverage, (b) the employee's eligibility for Medicare, (c) the employee's 65th birthday or (d) the end of the 60th month after the date of the employee's termination. Retire through Lomas Financial Group - (2-94) Personnel Policies 55 If a terminated employee is rehired within the State Teachers Retirement System and who, upon retirement, are immediately eligible period for retirement benefits. B. An Instructional Employee will not be eligible for which severance pay should is being or has been paid, such employee will be required to refund the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day amount of severance pay for each three received that is in excess of the employee's actual period of unemployment with the Company, and no further severance payments will be made after the rehire. For information concerning the payment of benefits under the Company's Pension Plan or 401(k) Plan, please refer to the section of this Employee Handbook relating to the treatment of such benefits upon termination. Other than stated in this section (3) days of unused sick leaveor the sections referred to in this section), no other benefits will be continued or paid by the Company with respect to an eligible, terminated employee who receives the severance benefits described above. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued following information is furnished by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Plan Administrator of the Instructional Employee’s estateSeverance Plan to comply with government regulations. If you have any questions or you want to contact someone regarding your benefits under the Severance Plan, if applicableyou may contact the Human Resources Department. -- Name of the plan: Lomas Financial Group Severance Pay Plan. -- Plan Administrator: The Plan Administrator of the Severance Plan is a committee appointed under the authority of the Company's Board of Directors. The Plan Administrator may be contacted at 1600 ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, (▇14) ▇▇▇-▇▇▇▇. ▇▇e Plan Administrator is also the named "fiduciary" for purposes of ERISA. -- Agent for service of legal process: Same as Plan Administrator. -- Plan year: The Severance Plan and all of its records are kept on a calendar year basis, January 1 to December 31. -- Type of plan and funding medium: The Severance Plan is a welfare benefit plan providing severance pay benefits upon the occurrence of certain specific events to terminated participants who meet all of the eligibility requirements. It is unfunded, non-insured and unsecured. Benefits are payable solely from the general assets of the Company.

Appears in 1 contract

Sources: Employment Agreement (Lomas Financial Corp)

Severance Pay. A. Instructional Employees covered hereunder 29.01 An employee who separate their has nine (9) or more years of continuous service in the employ of the School Board is entitled to be paid on resignation, retirement, termination by reason of disability, expiry of recall rights or in the event of death to the employees designated beneficiary or to the estate severance pay equal to the amount obtained by multiplying the number of completed years of continuous service by his/her weekly salary to a maximum of twenty (20) weeks pay. If the employee has break(s) in service which result in a loss of seniority the continuous service will commence from the most recent date of hire. See the following School Board Previous Collective Agreement References in Appendix “A”: Vista School Board # 8 Clause 29.01(c) and “qualifying period”; Avalon West School Board # 9 Clause 25.06 29.02 For the purpose of this Article, service for a school term or seasonal employee shall be the actual period of employment with the Board Employer provided that where a break in employment exceeds twenty-four (24) consecutive months service shall commence from the date of re-employment. 29.03 An employee who has resigned or retired may be re-employed if he/she has been out of the employ of the Employer for a period which is not less than the number of weeks for which he/she has received severance pay pursuant to Clause 29.01 above or if he/she refunds the appropriate proportionate part of such severance pay. 29.04 The maximum severance pay which an employee shall be eligible to convert their unused sick paid for his/her total period of employment in the employ of the Employer shall not exceed the number of weeks as specified in Clause 29.01 29.05 For the purpose of this Article, periods of regularly occurring temporary layoffs of school term employees or periods of authorized leave at without pay shall not be regarded as breaks in continuous service. These periods of regularly occurring temporary layoffs of school term employees or leaves without pay shall not be counted as service when determining the time total amount of separation. Eligible Instructional continuous service of an employee. 29.06 Employees shall be those who: 1. Have who are employed for the school year which is normally ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee months will not be eligible for pro-rated severance pay should the Instructional Employee: 1benefits after nine (9) calendar years. Be terminated by the Board *29.07 Maternity, parental and adoption leaves shall be counted as service for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) dayspurposes. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 1 contract

Sources: Master Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder 34.01 (1 Aug 04) All persons who separate their employment with are employed on a year-round basis on jobs within the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten Union’s jurisdiction who have eighteen (1018) months or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee continuous service will not be eligible for severance pay should when laid off by Company action because there is no work available to which their seniority entitles them. For the Instructional Employee: 1purpose of qualifying for severance pay, adjusted seniority will be considered as continuous service. Be terminated by The number of continuous years of service shall be calculated from the Board last lay-off period for just cause; 2. Resign during which the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractemployee received severance pay. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted 34.01.01 A laid off employee entitled to severance pay and will be paid as such on two (2) percent of his total earnings for the basis last full period of one day continuous service. One-half (0.5) of his severance pay for each due will be paid after the employee has been laid off six (6) weeks. The second half of the severance pay due will be paid after the employee has been laid off three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) daysmonths. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by 34.01.02 (1 Aug 04) If the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance payduration of a lay-off exceeds twelve (12) months, an application must be made to the Treasurer within ninety one-half (900.5) calendar days following the Instructional Employee's last date week of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment pay will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due continuous service in addition to the Instructional Employee will be paid out up 34.01.01 above, subject to the maximum IRS 415 limits each January until all monies have been paid34.02. E. 34.01.03 (1 Aug 04) In the event of a permanent paper machine, department, or mill closure, the death maximum amount of an Instructional Employee who is otherwise eligible for severance pay will be one and one-half (1.5) weeks of pay per year of continuous service. 34.01.04 An employee’s recall rights will not be affected in any manner because of the payment of severance pay. He will, however, be expected to accept whatever employment is offered to him. If recall occurs before the time when the severance payment is due, no such Instructional Employee shall payment will be deemed made or if an employee is offered recall according to have made application for the applicable recall provision in his case and it is refused, all recall and severance paypay rights are automatically cancelled. 34.01.05 If an employee is recalled after having received all of his severance pay due him, and/or to have terminated employment on the date immediately preceding he will start as of the date of death. Payment his return to accumulate a new period of time, which will be credited toward any future layoff. 34.01.06 If an employee is recalled after having received one-half of the severance pay shall be made due to him, he will, upon return to work, start accumulating a new period of time which will, in addition to the Instructional Employee's beneficiary(iesunpaid portion, be credited toward any future layoff. 34.02 (1 Aug 04) The total amount of record under the District's group life insurance planseverance pay that an employee may receive will not exceed one and one-half (1.5) weeks of pay per year of continuous service, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estatefor any reason, if applicablefor any time.

Appears in 1 contract

Sources: Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder The Board will grant a Southeast School Support Personnel who separate their employment with is retiring, Severance Pay equal to the Board Southeast School Support Personnel's unused accumulated Sick Leave days at the Southeast School Support Personnel's per diem rate of pay, as determined by the employee's final base salary divided by the number of contract days in the school year. B. Payment of Severance Pay shall eliminate all accrued Sick Leave days. C. Regardless of the percentage received, the maximum number of days payable under this provision is seventy – six (76) days. The formula for calculating Severance Pay shall be: YEARS IN SOUTHEAST LOCAL SCHOOL DISTRICT 0-5 years 15% of Accumulated Sick Days 6-15 years 30% of Accumulated Sick Days 16-up years 35% of Accumulated Sick Days D. If an employee dies while still employed by the District, any severance pay due shall be eligible paid to convert their unused sick leave the employee's estate. E. For a bargaining unit member, who, at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age calculation of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of has at least two hundred and fifty-two fifty (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3250) days of accumulated, unused sick leaveleave days, he/she will be provided an additional severance payment equal to Ten Dollars ($10.00) per day for each day of accumulated, unused sick leave between two hundred fifty-one (251) days and four hundred fifty (450) days. The maximum number parties agree to form a joint workgroup consisting of days as two (2) representatives of SELDTA, two (2) representatives from SSSPA and two (2) representatives from any other bargaining unit in the District, the Superintendent or designee, the Treasurer, counsel competent in tax law and an OEA representative to discuss and negotiate a compliant IRS “Special Pay Plan”/deferred compensation plan for severance pay paid under this Article shall be eightyArticle. The workgroup will commence meeting by the end of the first nine (9) weeks of the 2020-four (84) days. D. Payment for sick leave on this basis shall 2021 school year with the intent of reaching an agreement in Memorandum of understanding to be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance payMay 1, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid2021. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 1 contract

Sources: Master Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with Whenever an employee is terminated he/she shall receive severance pay benefits pursuant to the Board provisions set forth below: (a) Upon the completion of five (5) years of unbroken service an employee shall be eligible for a severance benefit equal to convert their unused sick leave twenty (20) hours of pay at the employee’s regular straight time rate. The night work pay set forth in Article 10 shall be included in the employee’s straight time rate to the same degree it is included in the calculation of vacation allowance under Article 13, Section 3. (b) For the purpose of severance employees hired as a result of the acquisition from H.P. ▇▇▇▇ the five year qualification time is waived and they are provided past H.P. Hood service credit. For employee list see Addendum. (c) The employee shall be eligible for an additional twenty (20) hours’ severance pay benefit for each additional year of service through the fifteenth (15th) year. (d) For each year of unbroken service in excess of fifteen (15) the employee shall be eligible for an additional forty (40) hours severance benefit; provided that in no event shall the total severance benefit to which an employee shall become entitled exceed four hundred (400) hours. The yearly severance benefit due an employee shall be proportionately applied to any period of services between the employee’s most recent anniversary of hire and the date of his/her termination. (e) No severance benefit shall be due under this Section to an employee under any of the following conditions: 1. If the employee quits or is discharged for cause. 2. If the employee retires within six (6) months after layoff. 3. If prior to his/her termination, the employee is offered regular full- time employment within the jurisdiction of the Local Union. 4. If prior to his termination, the employee is offered and accepts full- time employment at a location of the Employer outside the jurisdiction of the Local Union within the industry. 5. With respect to (3) and (4) above, if the employee accepts the offer and is subsequently terminated, he/she shall receive severance pay based on his/her company seniority, except in the case of resignation, or discharge for just cause. 6. If an employee is on layoff at the time of separation. Eligible Instructional Employees the closing and his/her seniority has not been broken, he shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for a severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractbenefit if he has regular full-time employment elsewhere. C. All sick leave accumulated (f) The seniority of an employee shall be broken upon his receipt of a severance benefit. (g) Severance benefits shall be paid to the employee not later than his final check. (h) The severance benefits provided by the Instructional Employee up to a maximum this Section shall be exclusive of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay all other benefits under this Article shall be eighty-four (84) daysAgreement. D. Payment for sick leave on (i) This Section shall not apply if the work at the closed plant or location is transferred to another plant or location covered by this basis Agreement. (j) Six (6) months after the employee is laid off, he/she shall be considered have the option to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for receive severance pay, an application must be made if any, to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years which he/she is then entitled or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for to retain his/her unused accumulated sick leave up recall rights for an additional six (6) months. If he/she elects to retain his/her recall rights and he/she is not recalled within six (6) months, he/she shall thereupon be entitled to his/her severance pay; provided that if the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, plant closes and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event one of the death of an Instructional Employee who is otherwise eligible for conditions described in Paragraph (D), (3), (4) above applies, he shall not be entitled to severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Severance Pay. A. Instructional 18.01 Severance Pay shall be awarded to Employees covered hereunder who separate their employment when they go on Regular Service Retirement according to provisions of O.R.C. Section 124.39. 18.02 To be eligible for Severance Pay, the Employee must have a minimum of ten (10) years experience or years of service. The service must be with the State of Ohio, any of its political subdivisions, or served in the United States Armed Forces. Only a maximum of two (2) years of Military Service will count for years of service. 18.03 The maximum number of days allowable by the Board shall be twenty-five percent (25%) of the unused accumulated Sick Leave, not to exceed a total of fifty (50) days. 18.04 Severance Pay is to be computed in the following manner: Days allowable X the Employee’s current hourly rate of pay X the employee’s regular scheduled hours per day = Severance Pay. 18.05 No Retirement deduction will be taken from the Severance Pay, but Income Tax deductions will be made. 18.06 Severance Pay will be awarded within three (3) weeks after the legal date of retirement is confirmed by the School Employees Retirement System. 18.07 To legalize the transaction and to verify the payment of Severance Pay, the employee shall provide documentation from the retirement system that retirement income has been received, e.g. paystub, direct deposit notice. 18.08 Provisions of this Policy not permitted by law shall be considered null and void. 18.09 The Employee must apply for Severance pay within a year after terminating employment with the Claymont City Board of Education in order to be eligible for Severance Pay from the School District. 18.10 Such payment shall exhaust all accumulated Sick Leave Credit and be made only once to convert any Bargaining Unit Member. 18.11 Classified Employees who resign from the School District and do not retire from S.E.R.S. can be eligible for three (3) days Severance pay under the following Conditions: A. They have been an Employee of the District for a minimum of ten (10) years. B. During the total time of their employment, they have not been absent from work for any reason for more than a total of five (5) days. C. They do not seek reemployment in the School District for at least five (5) years. D. Should any Employee receiving such Severance take a position with an agency covered by an Ohio Public Retirement System, they may transfer any accrued and unused sick Sick leave to the agency, minus the three (3) days which the Board paid such Employee at the time of separationresignation. ▇. Eligible Instructional Employees shall The resigning employee is not under investigation for misconduct. 18.12 Should any Employee (who is eligible for Retirement) die before having the opportunity to participate in this benefit, then upon written request, payment will be those who: 1made to the Estate of the Decedent within sixty (60) days of the certification of said Employee’s death. Have To be eligible for this additional benefit, the Employee must have been an Employee in the School District for ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefitsyears. B. An Instructional Employee will not be eligible for severance pay should 18.13 Bargaining unit employees who retire from the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign School District on regular service retirement as defined in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article 18 – Severance Pay shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, receive an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.ten

Appears in 1 contract

Sources: Negotiated Agreement

Severance Pay. A. Instructional Employees covered hereunder 29.01 An employee who separate their has nine (9) or more years of continuous service in the employ of the School Board is entitled to be paid on resignation, retirement, termination by reason of disability, expiry of recall rights or in the event of death to the employees designated beneficiary or to the estate severance pay equal to the amount obtained by multiplying the number of completed years of continuous service by his/her weekly salary to a maximum of twenty (20) weeks pay. If the employee has break(s) in service which result in a loss of seniority the continuous service will commence from the most recent date of hire. See the following School Board Previous Collective Agreement References in Appendix “A”: Vista School Board # 8 Clause 29.01 (c) and “qualifying period”; Avalon West School Board # 9 Clause 25.06 29.02 For the purpose of this Article, service for a school term employee shall be the actual period of employment with the Board Employer provided that where a break in employment exceeds twenty-four (24) consecutive months service shall commence from the date of re-employment. NAPE/SCHOOL BOARD SUPPORT STAFF (Page 39) <date> 29.03 An employee who has resigned or retired may be re-employed if he/she has been out of the employ of the Employer for a period which is not less than the number of weeks for which he/she has received severance pay pursuant to Clause 29.01 above or if he/she refunds the appropriate proportionate part of such severance pay. 29.04 The maximum severance pay which an employee shall be eligible to convert their unused sick paid for his/her total period of employment in the employ of the Employer shall not exceed the number of weeks as specified in Clause 29.01. 29.05 For the purpose of this Article, periods of regularly occurring temporary layoffs of school term employees or periods of authorized leave at without pay shall not be regarded as breaks in continuous service. These periods of regularly occurring temporary layoffs of school term employees or leaves without pay shall not be counted as service when determining the time total amount of separation. Eligible Instructional continuous service of an employee. 29.06 Employees shall be those who: 1. Have who are employed for the school year which is normally ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee months will not be eligible for pro-rated severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two benefits after nine (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (909) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paidyears. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with nine (9) or more years of whose services are as a result of retirement in accordance with the Board provisions of The Civil Service Superannuation Act, or death, shall be paid, or to the employee’s estate in the event of death, severance pay the amount of one (1) week’s pay for each complete year of continuous employment or portion thereof, but the total amount of severance pay shall not exceed (15)weeks’ pay. (Example: years, complete months of continuous service equals 8/12 years of continuous for purposes of calculation.) Where an employee in the employee’s ninth (9th) year of continuous service fails to complete nine (9) years’ continuous service as a result of retirement in accordance with the provisions of The Civil Service Superannuation Act or death, the employee shall be paid, or to the estate in the event of death, severance pay on the basis of nine (9) week’s pay multiplied by the factor of the number of complete months service completed in the employee’s ninth (9th) year divided by twelve (12) months. Employees with three (3) or more years of continuous employment whose services are terminated as a result of layoff shall be paid severance pay in the amount of one (1) week’s pay for each complete year of continuous employment or portion but the total amount of severance pay shall not exceed twenty-two (22) weeks’ EX04 The rate of pay referred to in this Article shall be determined on the basis of the last regular rate of pay, excluding allowances, which was effect for the employee at the of retirement, layoff, death. The rate of pay shall be on the basis of the applicable work week. In the case of employees eligible for severance pay who are on stand-by or temporary layoff at the of retirement, permanent layoff or death, the weekly shall be the normal weekly hours of work in effect for the classification of the employees at the time of the permanent layoff or death. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ De ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ Marie ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ Manager Account Representative OD (Excluded) Training &Promotions Officer Senior Policy Procedures Analyst Supervisor of Telemarketing Account Representative Account Representative Accounting Clerk Activities Instructor Admin. Officer A02 Admin. Officer Admin. Sec. Computer October October October ZOOS COLA COLA COLA COLA COLA Re: Civil Service Superannuation Fund This Memorandum of Agreement will serve to confirm the agreement of the parties with respect participation by certain former civil servants in the Civil Service Superannuation Fund (the “Fund”), That only those listed below shall be eligible to convert their unused sick leave at continue to participate in the time Fund, Participating employees shall continue to participate in the Fund for as long as they remain in the employ of separationthe Manitoba Lotteries Corporation. Eligible Instructional Employees Participating employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should to participate in any other Manitoba Lotteries Corporation pension plan. Participating Employees: ▇▇▇▇ y ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ De ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ Lotteries Corporation Memorandum of Agreement The Employer has implemented the Instructional Employeefollowing: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 1 contract

Sources: Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment In connection with your separation, the Company will pay or provide the compensation set forth in this Section. All payments made in accordance with this Section shall be subject to applicable withholding. To the extent any payments provided under M▇. ▇▇▇▇▇ ▇. Clark December 20, 2005 Page 2 the terms of this Agreement are considered “deferred compensation” subject to the provisions of Section 409A of the Internal Revenue Code, it is the intent of the parties that these payments comply with Section 409A and the following should be interpreted accordingly. (a) The Company will pay to you all base salary earned but unpaid as of your Separation Date together with an amount equal to the value of your accrued but unpaid vacation as of such date. In addition, the Company will pay you your annual bonus earned for 2005 of two hundred fifty eight thousand five hundred dollars ($258,500). You will also be reimbursed for any unreimbursed business expenses in accordance with the Board Company’s standard policies and procedures. Your bonus payment will be made on or about January 15, 2006 and the remainder of the amounts described in this Section 2(a) shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have paid in a single lump-sum within ten (10) or more years in active pay status, or 2. Have attained days following the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefitsSeparation Date. B. An Instructional Employee (b) In addition to the foregoing, the Company will not be eligible for severance pay should the Instructional Employee: 1you an amount of Two Hundred Fifty-Eight Thousand Five Hundred Dollars ($258,500) representing one-year’s base salary. Be terminated by the Board for just cause; 2. Resign during the course One half of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of such amount, one hundred twenty nine thousand two hundred and fiftyfifty dollars ($129,250), shall be paid in a single lump-sum on or shortly after August 3, 2006. The remaining one hundred twenty nine thousand two hundred and fifty dollars (252$129,250) total days shall be paid in the equal biweekly installments during the six-month period beginning on August 3, 2006 and shall be paid on such dates and in such manner as consistent with SunCom’s normal payroll practices for its executives. (c) With respect to all outstanding awards of restricted stock under SunCom’s Stock and Incentive Plan or similar equity incentive arrangement, as of your Separation Date the vested portion of those awards will be determined as if you had continued to provide services to SunCom and the Company through and including May 1, 2006 such that as of your Separation Date, you will be vested in such additional SunCom shares as identified on Schedule A attached hereto. SunCom and the Company shall take such actions as may be converted necessary to severance pay provide for the acceleration of vesting as described herein. Any portion of any award that is not vested as of your Separation Date shall be forfeited in accordance with the terms of your awards. (d) You shall be entitled to retain the property of SunCom identified on the Schedule B attached hereto; provided however, that prior to your Separation Date, you agree to provide the Company with access to such property for the purpose of removal of any software installed under a license with the Company, any confidential information of the Company, or any other property of the Company located within or accessible by such devices. In addition, the Company will continue your phone service on the terms and paid conditions in effect as of the date of this Agreement through the first day of the month following your Separation Date and thereafter, you will be solely responsible for any costs, fees or expenses associated with such service. (e) During the period from the Separation Date until February 2, 2007, you will be entitled to continue to participate in SunCom’s health care insurance and benefits plans in the same manner (including, but not limited to applicable employee contributions, copayments, and deductibles) as before your Separation Date, subject to such changes as may be made for other executives of SunCom on or after that date. Any contributions required from you to maintain coverage during the period following your Separation Date shall be deducted from the M▇. ▇▇▇▇▇ ▇. Clark December 20, 2005 Page 3 payments scheduled to be made under Section 2(b) above. Following such twelve-month period, you will be entitled to continue your health care coverage as may otherwise be permitted under “COBRA” as such coverage is required under Internal Revenue Code Section 4980B. In addition to the health insurance coverage described above, you will be eligible to receive benefits under retirement and other welfare benefit plans maintained by the Company in accordance with the terms of such plans as in effect on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) daysyour Retirement Date. D. Payment for sick leave on (f) The Company will provide you with the services of a nationally-recognized outplacement consulting firm mutually agreed to by you and Company during the nine-month period following the Separation Date; provided that the cost to the Company in connection therewith shall not exceed $25,000. Any payments under the terms of this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment subsection shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made by the Company directly to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paidoutplacement consulting firm. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.

Appears in 1 contract

Sources: Employment Agreement (Suncom Wireless Holdings, Inc.)

Severance Pay. A. Instructional Employees covered hereunder who separate their employment Severance pay will be in accordance with the Board shall Standards Code except that the amount of payment will be eligible equal to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu greater of the Board terminating the Instructional EmployeeCode or one week’s contract. C. All sick leave accumulated by the Instructional Employee regular pay for each year of employment up to a maximum of two hundred and fifty-two (25226) total days may weeks. Part years will be converted to calculated in twelfths of a year. No severance pay and paid as such on the basis or pay in lieu of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating notice is required in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of termination during the death probationary period or pursuant to the provisions of Article The parties agree to the adoption of a new job evaluation system Simple Effective Solution). The purpose of is to establish and maintain detailed job descriptions and departments; establish and maintain an Instructional Employee who equitable neutral wage structure; and, establish a procedure to maintain a gender-neutral compensation system that reflects changes in job requirements and working conditions. It is further agreed that during the contract period, the joint Job Committee will develop an implementation plan that will consist of a comprehensive training and development program for each job. This Agreement shall remain in full force and effect for a period commencing May (except where otherwise eligible for severance pay, such Instructional Employee specifically provided) and shall be deemed continue in force until May and shall renew itself automatically from year to have made application for severance pay, and/or to have terminated employment on year from the date immediately last aforesaid, provided that either party may, at any time during the two (2) months preceding the date of deathexpiry of this Agreement, give to the other party written notice of its intention to terminate or seek amendment of this Agreement. Payment Within ten working days receipt of such notice of intention, negotiations for renewal of the severance pay Agreement shall be made begin between the Company and the Union. If negotiations continue beyond the termination of this annual period, either party may then terminate this Agreement at any time upon ten (10) working days written notice to the Instructional Employee's beneficiary(ies) of record under other party. DATED at Winnipeg, Manitoba this For the District's group life insurance plan, otherwise to Union: LOCAL For the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.Company: General Manager President ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Human Resources Manager Production Manager Bargaining Committee Franklin rank Committee Committee Staff Representative DEPARTMENT RECEIVING Mat Handler Mat Handler Max Max Max Receiver Max Max COIL CORESHEAR CORE ASSEMBLY Core Shear OD Core Shear Max Max Oil Processor Max Oil Processor Oil Processor Max Max OIL PROCESSING Assembler Max Assembler Max Assembler Max Assembler Max Assembler Controls Tester Max Max INTERNAL ASSEMBLY Assembler Max Assembler Max Assembler Max CONTROLS ASSEMBLY EXTERNAL ASSEMBLY TEST Test Tech Test Tech Test Tech Max Max Max PAINTING Painter Painter Fitter Welder x LO Fitter Welder LO FITTER WELDING Max Max Welder Welder WELDING METAL FABRICATION PLASMA SHOTBLAST Metal Metal Metal Max Max Max

Appears in 1 contract

Sources: Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their with nine (9) or more years of continuous employment whose services are terminated as a result of retirement in accordance with the Board provisions of The Civil Service Act, or death, shall be eligible paid, or to convert their unused sick leave the employee’s estate in the event of death, severance pay in the amount of one (1) week’s pay for each complete year of continuous employment or portion thereof, but the total amount of severance pay shall not exceed fifteen (15) weeks’ pay. Example: years, complete months of continuous service equals 8/12 years of continuous service for purposes of calculation. Where an employee in the employee’s ninth (9th) year of continuous service fails to complete nine (9) continuous service as a result of retirement in accordance with the provisions of The Civil Service Superannuation Act or death, the employee shall be paid, or to the employee’s estate in the event of death, severance pay on the basis of nine (9) weeks’ pay multiplied by the factor of the number of complete months service completed in the employee’s ninth (9th) year divided by twelve (12) months. Employees with three (3) or more years of continuous employment whose services are terminated as a result of permanent lay-off shall be paid severance pay in the amount of one (1) week’s pay for each complete year of continuous employment or portion thereof, but the total amount of severance pay shall not exceed twenty-two (22) weeks’ Where an employee in the employee’s third (3rd) year of continuous service fails to complete three (3) years’ continuous service as a result of permanent lay-off, the employee shall be paid severance pay on the basis of three (3) weeks’ pay multiplied by the factor of the number of complete months service completed in the employee’s third (3rd) year divided by twelve (12) months. The rate of pay referred to in this Article shall be determined on the basis of the last regular rate of pay, excluding allowances, which was in effect for the employee at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be permanent lay-off, or death. In the case of employees eligible for severance pay should who are on stand-by or temporary lay-off at the Instructional Employee: 1. Be terminated by time of retirement, permanent lay-off or death, the Board weekly hours shall be the normal weekly hours of work in effect for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu classification of the Board terminating employees at the Instructional Employee’s contract. C. All sick leave accumulated by time of the Instructional Employee up to a maximum of two hundred and fiftyretirement, permanent lay-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leaveoff or death. The maximum number of days as severance pay under this Article For calculation purposes holidays shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued observed as indicated below: New Year’s Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day Civic Holiday Any other holiday proclaimed by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years Federal or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of the death of an Instructional Employee who is otherwise eligible for severance pay, such Instructional Employee shall be deemed to have made application for severance pay, and/or to have terminated employment on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicable.Provincial Statute

Appears in 1 contract

Sources: Collective Agreement

Severance Pay. A. Instructional Employees covered hereunder 30.01 All persons who separate their employment with are employed on a year round basis on jobs within the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) Union’s jurisdiction, who have one year or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee continuous service will not be eligible for severance pay should the Instructional Employee: 1. Be terminated when laid off by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contractCompany action because there is no work available to which their seniority entitles them. C. All sick leave accumulated by the Instructional Employee 30.02 A laid off employee entitled to severance pay will be paid one and one half (1 ½) weeks per years of service (up to a maximum of two hundred and fifty42 hours) for the last full period of continuous service to a maximum of 40 weeks inclusive of any monies owed under the Employment Standards Act. One half (1/2) of the severance due will be paid after the employee has been laid off forty-two five (25245) total days may be converted to days. The second half of the severance pay and due will be paid as such on after the basis of one day of severance pay for each three employee has been laid off ninety (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (8490) days. D. Payment for sick leave on this basis shall 30.03 An employee’s recall rights will not be considered to eliminate all sick leave credit accrued by affected in any manner because of the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for payment of severance pay. However, an application must be made to if recall occurs before the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a time when severance payment is due, no such payment will be paid into made. Or if the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10employee is offered recall, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up according to the maximum IRS 415 limit for applicable recall provisions in his case and it is refused, all recall and severance pay rights are automatically cancelled except as governed by any existing promotion, layoff and recall clauses. 30.04 If an employee is recalled after having received all of the section 403(b) plan unreduced by current federalseverance pay due him, statehe will begin again, and local income taxes. These monies as of the date of return, accumulating a new period of time which will be paid into credited towards any future layoff. 30.05 If an employee is recalled after having received one half (1/2) of the Employer 403(b) Special Pay Retirement Account as elected and permitted by severance pay due him, he will, upon return to work, retain the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due right to the Instructional Employee unpaid portion if laid off the second time. He will begin accumulating again a new period of time which will, in addition be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. credited towards any future layoffs. In the event of a situation where the death Company must proceed with a permanent mill, department or paper machine closure, the Company will inform the Union a minimum of an Instructional Employee who is otherwise eligible for severance pay30 days in advance where possible. The Company will work with the local union and a National Representative of Unifor to put in place transition measures to mitigate the impact of these changes, such Instructional Employee shall be deemed to have made application for severance payas early retirement, and/or to have terminated employment utilizing all available EI and other programs. Where possible this local discussion will take place within seven (7) days following the announcement. 1. Two (2) week notice on the date immediately preceding the date of death. Payment of the severance pay shall be made to the Instructional Employee's beneficiary(ies) of record under the District's group life insurance plan, otherwise to the Instructional Employee's estate. Payment shall be released to the qualified appointed Executor or Administrator of the Instructional Employee’s estate, if applicableChristmas shutdown within reason.

Appears in 1 contract

Sources: Labour Agreement

Severance Pay. A. Instructional Employees covered hereunder who separate their employment with the Board shall be eligible to convert their unused sick leave at the time of separation. Eligible Instructional Employees shall be those who: 1. Have ten (10) or more years in active pay status, or 2. Have attained the age of fifty-five (55), or 3. Retire through the State Teachers Retirement System and who, upon retirement, are immediately eligible for retirement benefits. B. An Instructional Employee will not be eligible for severance pay should the Instructional Employee: 1. Be terminated by the Board for just cause; 2. Resign during the course of investigation by the Board for misconduct; 3. Resign in lieu of the Board terminating the Instructional Employee’s contract. C. All sick leave accumulated by the Instructional Employee up to a maximum of two hundred and fifty-two (252) total days may be converted to severance pay and paid as such on the basis of one day of severance pay for each three (3) days of unused sick leave. The maximum number of days as severance pay under this Article shall be eighty-four (84) days. D. Payment for sick leave on this basis shall be considered to eliminate all sick leave credit accrued by the Instructional Employee at that time. Payment shall be made only once to any Instructional Employee. In order to be eligible for severance pay, an application must be made to the Treasurer within ninety (90) calendar days following the Instructional Employee's last date of work. All Instructional Employees who have attained the age of fifty-five (55) years or older during the calendar year of retirement and are eligible for a severance payment will be paid into the Board sponsored Employer 403(b) Special Pay Retirement Account per adoption agreement dated March 10, 2011 and as amended hereafter. By participating in the Employer 403(b) Special Pay Retirement Account, an Instructional Employee will receive payment for his/her unused accumulated sick leave up to the maximum IRS 415 limit for the section 403(b) plan unreduced by current federal, state, and local income taxes. These monies will be paid into the Employer 403(b) Special Pay Retirement Account as elected and permitted by the plan beginning with the official year of retirement as set by the Ohio State Teachers Retirement System. Any additional monies due to the Instructional Employee will be paid out up to the maximum IRS 415 limits each January until all monies have been paid. E. In the event of a Change in Control of the death Corporation and the Employee’s Involuntary Termination of an Instructional Employee who is otherwise eligible for severance payEmployment within eighteen (18) months after such Change in Control of the Corporation, such Instructional the Employee shall be deemed entitled to have made application for severance pay, and/or receive the following: (a) Severance pay equal to have terminated employment on the date immediately preceding the date of death. Payment One Hundred Fifty Percent (150%) of the Employee’s Compensation. Such severance pay shall be made due and payable in full in one lump sum payment (less all income tax, employment tax and other withholdings) on the 30th day following the date of the Employee’s termination of employment (or on the 60th day in the event the termination may be deemed a “mass layoff” under the Older Workers Benefit Protection Act of 1990); (b) Reimbursement to the Instructional Employee of his cost for participating in the Corporation’s health and medical plan to the extent, and for the period of time (but not to exceed 18 months after the date of the Employee's beneficiary(ies’s Involuntary Termination of Employment), the Employee is entitled to such continued coverage under Part 6 of Title I of the Employee Retirement Income Security Act of 1974, as amended (“COBRA Coverage”). Notwithstanding the foregoing provisions of this Section 2(b), the COBRA Coverage will terminate immediately upon the Employee becoming entitled to participate under a health and medical plan of another employer; and (c) The Employee’s right to exercise then-outstanding and vested options granted to the Employee to acquire stock of the Corporation shall be extended to the first to occur of (i) the second anniversary of the date of the Employee’s Involuntary Termination of Employment or (ii) the date(s) such option or options would otherwise expire; provided, however, that no severance compensation or benefits described in this Section 2 shall be paid or made available to the Employee in the event the Employee fails, within 21 days (or 52 days in the event the termination may be deemed a “mass layoff” under the Older Workers Benefit Protection Act of 1990) of record the date of his termination of employment, to execute and deliver to the Corporation (or executes and delivers but then revokes or fails to confirm) within the time periods provided for under the District's group life insurance planOlder Workers Benefit Protection Act of 1990 or other applicable law permitting the revocation of the Release) a waiver and release of all claims he, otherwise his heirs, executors, administrators, personal representatives, successors and assigns may have against the Corporation and its officers, directors, employees, agents, successors and assigns arising prior to the Instructional Employee's estate. Payment date that Employee signs the waiver and release (including without limitation age discrimination claims), such waiver and release being in the form as determined by the Board (the “Release”), which form of Release shall be released provided to the qualified appointed Executor or Administrator Employee upon the date of the Instructional Employee’s estate, if applicabletermination of employment.

Appears in 1 contract

Sources: Key Employee Severance Pay Agreement (Met Pro Corp)