Common use of Total and Permanent Disability Clause in Contracts

Total and Permanent Disability. Total and permanent disability means any disability which due to bodily injury or disease permanently prevents a member from engaging in his occupation or employment with the Company for which he is qualified, provided that it does not arise from or consists of service in the armed forces of any country, wilfully self-inflicted injury, or engagement in a criminal enterprise. If a member who has at least ten (10) years of pensionable service to his credit becomes totally and permanently disabled, he shall, provided he is not in receipt of Worker’s Compensation payments, be eligible for retirement on a pension which would commence on the first (1st) day of the month following certification of total and permanent disability. This pension will be based on the total pension credited to him up to date of total disability. This pension will be payable by monthly instalments during the lifetime of the member. If a member who has retired on total disability returns to active employment, pension payments will cease. If the member later retires his pension at that time will be the pension for pensionable service prior to the time of his disability retirement plus the pension for pensionable service subsequent to his return to employment. If such member does not return to active employment with the Company he will be entitled to benefits in accordance with Clause A.10 Termination of Employment in respect of pension for pensionable service prior to his date of total disability. Total and permanent disability shall be certified in the first instance by a physician appointed by the Company. If the member wishes to have the decision reviewed he may submit to an examination by a physician of his own choice. If the finding of his physician is at variance with the Company’s physician and this difference is not resolved by them, the two physicians shall appoint a third (3rd) physician, whose decision shall be final.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Total and Permanent Disability. Total and permanent disability means any disability which due to bodily injury or disease permanently prevents a member from engaging in his occupation or employment with the Company for which he is qualified, provided that it does not arise from or consists consist of service in the armed forces of any country, wilfully willfully self-inflicted injury, or engagement in a criminal enterprise. If a member who has at least ten (10) years of pensionable service Pensionable Service to his credit becomes totally and permanently disabled, he shall, provided he is not in receipt of Worker’s Compensation payments, be eligible for retirement on a pension which would commence on the first (1st) day of the month following certification of total and permanent disability. This pension will be based on the total pension credited to him up to date of total disability. This pension will be payable by monthly instalments installments during the lifetime of the member. If a member who has retired on total disability returns to active employment, pension payments will cease. If the member later retires his pension at that time will be the pension for pensionable service Pensionable Service prior to the time of his disability retirement plus the pension for pensionable service Pensionable Service subsequent to his return to employment. If such member does not return to active employment with the Company he will be entitled to benefits in accordance with Clause A.10 Termination of Employment in respect of pension for pensionable service Pensionable Service prior to his date of total disability. Total and permanent disability shall be certified in the first instance by a physician appointed by the Company. If the member wishes to have the decision reviewed he may submit to an examination by a physician of his own choice. If the finding of his physician is at variance with the Company’s physician and this difference is not resolved by them, the two physicians shall appoint a third (3rd) physician, whose decision shall be final.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Total and Permanent Disability. Total and permanent disability means any disability which due to bodily injury or disease permanently prevents a member from engaging in his occupation or employment with the Company for which he is qualified, provided that it does not arise from or consists of service in the armed forces of any country, wilfully self-self- inflicted injury, or engagement in a criminal enterprise. If a member who has at least ten (10) years of pensionable service to his credit becomes totally and permanently disabled, he shall, provided he is not in receipt of Worker’s Compensation payments, be eligible for retirement on a pension which would commence on the first (1st) day of the month following certification of total and permanent disability. This pension will be based on the total pension credited to him up to date of total disability. This pension will be payable by monthly instalments during the lifetime of the member. If a member who has retired on total disability returns to active employment, pension payments will cease. If the member later retires his pension at that time will be the pension for pensionable service prior to the time of his disability retirement plus the pension for pensionable service subsequent to his return to employment. If such member does not return to active employment with the Company he will be entitled to benefits in accordance with Clause A.10 Termination of Employment in respect of pension for pensionable service prior to his date of total disability. Total and permanent disability shall be certified in the first instance by a physician appointed by the Company. If the member wishes to have the decision reviewed he may submit to an examination by a physician of his own choice. If the finding of his physician is at variance with the Company’s physician and this difference is not resolved by them, the two physicians shall appoint a third (3rd) physician, whose decision shall be final.

Appears in 1 contract

Samples: Collective Agreement

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Total and Permanent Disability. Total and permanent disability means any disability which due to bodily injury or disease permanently prevents a member from engaging in his occupation or employment with the Company for which he is qualified, provided that it does not arise from or consists consist of service in the armed forces of any countrychronic alcoholism, wilfully addiction to narcotics, willfully self-inflicted injury, or engagement in a criminal enterprise. If a member who has at least ten (10) years of pensionable service to his credit becomes totally and permanently disabled, he shall, provided he is not in receipt of Worker’s Compensation payments, be eligible for retirement on a pension which would commence on the first (1st) day of the month following certification of total and permanent disability. This pension will be based on the total pension credited to him up to date of total disability. This pension will be payable by monthly instalments installments during the lifetime of the member. If a member who has retired on total disability returns to active employment, pension payments will cease. If the member later retires his pension at that time will be the pension for pensionable service prior to the time of his disability retirement plus the pension for pensionable service subsequent to his return to employment. If such member does not return to active employment with the Company he will be entitled to benefits in accordance with Clause A.10 Termination of Employment in respect of pension for pensionable service prior to his date of total disability. Total and permanent disability d i s a b ility shall be certified in the first instance by a physician appointed by the Company. If the member wishes to have the decision reviewed he may submit to an examination by a physician of his own choice. If the finding of his physician is at variance with the Company’s physician and this difference is not resolved by them, the two physicians shall appoint a third (3rd) physician, whose decision shall be final.

Appears in 1 contract

Samples: Collective Agreement

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