Earning capacity definition

Earning capacity means impairment as modified by age, education, and adaptability.

Earning capacity is also a capacious term. It means “[a] person’s ability or power to earn money,” not merely the hours they are assigned by their employer. Earning Capacity, BLACK’S LAW DICTIONARY (11th ed. 2019); see Marshall v. Andrew F. Mahony Co., 56 F.2d 74, 78 (9th Cir. 1932) (“Earning capacity means fitness and readiness and willingness to work, considered in connection with opportunity to work.”).

Earning capacity. , except as herein provided, means:

Examples of Earning capacity in a sentence

• Earning capacity is deemed restored if in any calendar year the in- come of the annuitant from wages or self-em- ployment or both equals at least 80 percent of the current rate of pay of the position occupied immediately before retirement.

• Earning capacity shall be considered to be restored if in any cal- endar year the income of the annuitant from wages or self-employment, or both, equals at least 80 percent of the current rate of pay for the grade and step the annuitant held at the time of retirement.

• Earning capacity for the purposes of this section is dem- onstrated by an annuitant’s ability to earn post-retirement income in a cal- endar year through personal work ef- forts or services.

• Earning capacity is not limited to wage-earning capacity, but includes moneys available from all sources.

• Earning capacity is to be calculated using the standards specified in ORS 656.726 (4)(f).

• Earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for the child(ren), and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage.

• Earning capacity is lost if, during any calendar year, the individual’s in- come from wages or self-employment or both is less than 80 percent of the current rate of basic pay of the posi- tion held at retirement.

• Earning capacity or maintainable profits are not synonymous with the yield or return, which is the balance remaining therefrom after providing a reasonable reserve.

• Earning capacity for thepurposes of this section is dem- onstrated by an annuitant’s ability to earn post-retirement income in a cal- endar year through personal work ef- forts or services.

• Earning capacity is greater in the southern areas of Ghana and children seek work where opportunities are better.