Permanent Disability

Permanent Disability. Termination of the Optionee's employment as a result of a physical or mental incapacity which substantially prevents the Optionee from performing his or her duties as an employee and that has continued for at least 180 days and can reasonably be expected to continue indefinitely. Any dispute as to whether or not the Optionee is disabled within the meaning of the preceding sentence shall be resolved by a physician selected by the Committee

Permanent Disability. (a)the Executive has been incapacitated by bodily injury, illness or disease so as to be prevented thereby from engaging in the performance of the Executive's duties; (b)such total incapacity shall have continued for a period of six consecutive months; and (c)such incapacity will, in the opinion of a qualified physician, be permanent and continuous during the remainder of the Executive's life

Permanent Disability. A medically determinable physical or mental impairment that may be expected to result in death or to last at least a year and that renders an Employee incapable of performing that Employee's duties with the Company. A determination of disability shall be made by the Committee in a uniform, nondiscriminatory manner on the basis of medical evidence. Notwithstanding the foregoing, in the case of a determination that would accelerate payment of Restricted Share Units or other awards or amounts that... are deferred compensation subject to Code section 409A, a Participant shall be considered to have a "Permanent Disability" only if the Participant is "disabled" within the meaning of Code section 409A or the regulations issued under that section. View More

Permanent Disability. Shall mean if, as a result of the Employee's Disability, the Employee shall have been absent from his or her duties with the Company on a full-time basis for a total of 6 months of any consecutive 8 month period.

Permanent Disability. Shall mean, at any time the Company or any of its affiliates sponsors a long-term disability plan for the Company's employees, "disability" as defined in such long-term disability plan for the purpose of determining a participant's eligibility for benefits, provided, however, if the long-term disability plan contains multiple definitions of disability, "Permanent Disability" shall refer to that definition of disability which, if Executive qualified for such disability benefits, would provide... coverage for the longest period of time. The determination of whether Executive has a Permanent Disability shall be made by the person or persons required to make disability determinations under the long-term disability plan. At any time the Company does not sponsor a long-term disability plan for its employees, Permanent Disability shall mean Executive's inability to perform, with or without reasonable accommodation, the essential functions of Executive's position hereunder for a total of three months during any six-month period as a result of incapacity due to mental or physical illness as determined by a physician selected by the Company or its insurers and acceptable to Executive or Executive's legal representative, with such agreement as to acceptability not to be unreasonably withheld or delayed. Any refusal by Executive to submit to a medical examination for the purpose of determining Permanent Disability shall be deemed to constitute conclusive evidence of Executive's Permanent Disability. View More

Permanent Disability. A Disability that has resulted in Employee having been absent from his or her duties with the Company on a full-time basis for a total of 6 months of any consecutive 8 month period

Permanent Disability. The Participant shall be considered to have a 'Permanently Disability' if he or she would be treated as 'disabled' in accordance with the provisions of Treas. Reg. §1.409A-3(i)(4).

Permanent Disability. Is as defined and provided for in this paragraph. If Executive has been unable by reason of physical or mental disability to properly perform Executive’s duties hereunder for a period of one hundred eighty (180) days, the Corporation may give Executive notice of its intention to terminate Executive’s employment due to Permanent Disability. If Executive wishes to contest the existence of termination due to Permanent Disability, Executive must give the Corporation notice of Executive’s... disagreement within ten (10) days after receipt of the notice from the Corporation, and Executive must promptly submit to examination by three physicians in Ottawa County or Kent County, Michigan, who are reasonably acceptable to both Executive and the Corporation (with consultation from other physicians as determined by those three). If (A) within sixty (60) days after receipt by Executive of the notice from the Corporation, two of such physicians shall issue their written statement to the effect that in their opinion, based on their diagnosis, Executive is capable of resuming employment and devoting Executive’s full time and energy to discharging Executive’s duties within sixty (60) days after the date of such statement, and (B) Executive does in fact within such sixty (60) day period resume employment and properly perform Executive’s duties, then Executive’s employment shall not be terminated due to Permanent Disability. It is understood that the Corporation has the right to terminate Executive’s employment due to Executive’s disability without meeting the standards in this paragraph, but in that event the termination shall be deemed to be a discretionary termination of Executive’s employment. View More

Permanent Disability. For the purposes of this Agreement, the Executive shall be deemed to have incurred a "Permanent Disability" (i) if a physician engaged by the Executive certifies to the Company that the Executive is permanently and totally disabled, or (ii) if the Executive has been substantially unable, as a result of any physical or mental ailment, to perform his duties and responsibilities hereunder (A) for a period of three consecutive months or (B) on 80% or more of the working days during any five... consecutive months. The Executive's employee-employer relationship with the Company shall terminate upon his Permanent Disability. View More

Permanent Disability. The Executive's inability due to physical or mental condition, injury or illness to substantially perform the essential functions of his position with or without accommodation for more than 120 days during any consecutive six (6) month period and, if within 30 days after a notice of termination is thereafter given by the Company, the Executive cannot return to the full-time performance of the Executive's essential functions within 60 days; provided, however, if the Executive shall not agree... with a determination to terminate him because of Permanent Disability, the question of Executive's disability shall be subject to the certificate of a qualified medical doctor agreed to by the Company and the Executive or, in the event of the Executive's incapacity to designate a doctor, the Executive's legal representative. In the absence of agreement between the Company and the Executive, each party shall nominate a qualified medical doctor and the two doctors shall select a third doctor, who shall make the determination as to Permanent Disability. View More