Qualifying Disability definition

Qualifying Disability means, with respect to any Bondholder or beneficial holder, a determination of disability based upon a physical or mental condition or impairment arising after the date such Bondholder or beneficial holder first acquired Bonds. Any such determination of disability must be made by the Applicable Governmental Agency responsible for reviewing the disability retirement benefits that the applicable Bondholder or beneficial holder could be eligible to receive.

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Qualifying Disability means, as applicable, the earliest to occur of: (i) Participant’s “disability” within the meaning of Treas. Reg. Section 1.409A-3(i)(4), or (ii) Participant’s Separation from Service that is incurred after Participant has become disabled and qualified to receive benefits under the Company’s long-term disability plan.

Qualifying Disability means a total and permanent disability as defined in Section 22(e)(3) of the Code, which we determine is expected to prevent you from thereafter engaging in any gainful employment.

Examples of Qualifying Disability in a sentence

Section 1.409A-3(i)(4), or (B) if clause (A) is not applicable, such vesting of the Certified RIUs described in Section 3(c)(vi) shall be dependent on Participant incurring a Separation from Service in connection with his or her Qualifying Disability.
The determination of whether Grantee’s Disability is a Qualifying Disability shall be made by the Committee in its sole discretion, and such determination shall be final.
Calculation of the overall Performance Factor for non-standard circumstances, where there is a Change of Control or Grantee dies, in either case while Grantee is still an employee of the Corporation or following a Qualifying Retirement or a Qualifying Disability Termination, or where Grantee has a Qualifying Anticipatory Termination, is set forth in Section 7.
In the standard circumstances where ▇▇▇▇▇▇▇ continues to be an employee of the Corporation (or where ▇▇▇▇▇▇▇’s employment with the Corporation ceases by reason of a Qualifying Retirement, a Qualifying Disability Termination, or a Qualifying Anticipatory Termination) and there has not been a Change of Control and Grantee has not died, the Annual Risk Review Performance Factor with respect to an applicable outstanding Tranche will be determined as follows.
Notwithstanding the foregoing, the Employee will not be entitled to any Retirement Benefits unless the Employee remains in the employ of the Company on a full-time basis without any break or interruption in service (other than a break or interruption in service during a Qualifying Disability Period) from the date hereof to the Retirement Date.

More Definitions of Qualifying Disability

Qualifying Disability has the meaning set forth in Section 6.1.

Qualifying Disability means a Disability, as defined below, which the Committee determines is expected to prevent Grantee from thereafter engaging in any gainful employment. For purposes of this Agreement, a “Disability” shall mean a total and permanent disability as defined in section 22(e)(3) of the Code. The determination of whether Grantee’s Disability is a Qualifying Disability shall be made by the Committee in its sole discretion, and such determination shall be final.

Qualifying Disability means a physical or mental impairment that substantially limits one or more "major life activities".

Qualifying Disability means a “qualifying disability” (as such term is defined in Section 72(m)(7) of the Code) of Participant for a non-temporary period of time, as determined by the Board and confirmed by a qualified independent physician; provided, that the condition causing the qualifying disability was not pre-existing on the Date of Grant, (C) “Determination of Incompetence” means a “determination of incompetence” of Participant by a state or federal court located in the United States accompanied by the court order, determination or the certificate of the court declaring Participant incompetent and (D) “Qualifying Change in Control Termination” shall have the same meaning as set forth in the Greenbacker Renewable Energy Corporation Executive Protection Plan (as amended from time to time).

Qualifying Disability means any medically determinable physical or mental impairment resulting in the Participant’s inability to perform the duties of his or her position of employment or any substantially similar position of employment, where such impairment can be expected to result in death or can be expected to last for a continuous period of not less than six (6) months. The Company will determine whether or not the Participant has incurred a Qualifying Disability based on such evidence as the Company deems necessary or advisable.

Qualifying Disability with respect to the 2012 Performance Units has the meaning set forth in Section 4.4.

Qualifying Disability means a one hundred percent permanent total disability rating, or a permanent and total unemployability disability rating as determined by the United States Department of Veterans Affairs and certified by the Louisiana secretary of veterans affairs in a final adjudication of the initial rating decision or as determined or certified by the proper state entity that adjudicates such claims for guardsmen in accordance with the workers' compensation law of this state. A qualifying disability shall be certified by the Louisiana secretary of veterans affairs or his designee.