Common use of TERMINATION FOR DISABILITY OR DEATH Clause in Contracts

TERMINATION FOR DISABILITY OR DEATH. (a) The Bank or Executive may terminate Executive’s employment after having established Executive’s Disability. For purposes of this Agreement, “Disability” shall be deemed to have occurred if: (i) Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months; (ii) by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months, Executive is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Bank; or (iii) Executive is determined to be totally disabled by the Social Security Administration.

Appears in 38 contracts

Samples: Northfield Bank Employment Agreement (Northfield Bancorp, Inc.), Employment Agreement (Northfield Bancorp, Inc.), Northfield Bank Employment Agreement (Northfield Bancorp, Inc.)

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TERMINATION FOR DISABILITY OR DEATH. (a) The Bank or Executive may terminate Termination of Executive’s employment after having established Executive’s Disability. For purposes of this Agreement, based on “Disability” shall be construed to comply with Code section 409A and shall be deemed to have occurred if: if (i) the Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that which can be expected to result in death, or last for a continuous period of not less than 12 months; (ii) by reason of any medically determinable physical or mental impairment that which can be expected to result in death, or last for a continuous period of not less than 12 months, the Executive is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Bank; or (iii) the Executive is determined to be totally disabled by the Social Security Administration. The provisions of paragraph 6(b) and (c) shall apply upon the termination of the Executive’s employment for Disability.

Appears in 7 contracts

Samples: Employment Agreement (ESSA Bancorp, Inc.), Employment Agreement (ESSA Bancorp, Inc.), Employment Agreement (ESSA Bancorp, Inc.)

TERMINATION FOR DISABILITY OR DEATH. (a) The Bank or Executive may terminate Termination of Executive’s 's employment after having established Executive’s based on "Disability. For purposes of this Agreement, “Disability” " shall be construed to comply with Code section 409A and shall be deemed to have occurred if: if (i) the Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that which can be expected to result in death, or last for a continuous period of not less than 12 months; (ii) by reason of any medically determinable physical or mental impairment that which can be expected to result in death, or last for a continuous period of not less than 12 months, the Executive is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Bank; or (iii) the Executive is determined to be totally disabled by the Social Security Administration. The provisions of paragraph 6(b) and (c) shall apply upon the termination of the Executive's employment for Disability.

Appears in 3 contracts

Samples: Employment Agreement (ESSA Bancorp, Inc.), Employment Agreement (ESSA Bancorp, Inc.), Employment Agreement (ESSA Bancorp, Inc.)

TERMINATION FOR DISABILITY OR DEATH. (a) The Bank or Executive may terminate Termination of Executive’s 's employment after having established Executive’s based on "Disability. For purposes " shall be construed to comply with Section 409A of this Agreement, “Disability” the Code and shall be deemed to have occurred if: (i) Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 twelve (12) months; (ii) by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months, Executive is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Company or the Bank; or (iii) Executive is determined to be totally disabled by the Social Security Administration.Security

Appears in 1 contract

Samples: Employment Agreement (ES Bancshares, Inc.)

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TERMINATION FOR DISABILITY OR DEATH. (a) The Bank or Executive may terminate Executive’s 's employment after having established Executive’s 's Disability. For purposes of this Agreement, "Disability" shall be deemed to have occurred if: (i) Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months; (ii) by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months, Executive is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Bank; or (iii) Executive is determined to be totally disabled by the Social Security Administration.

Appears in 1 contract

Samples: Northfield Bank (Northfield Bancorp, Inc.)

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