DIAMOND STATE PORT CORPORATION - DISABILITY PENSION
Any Participant who becomes totally disabled after the completion of at least 15 Years of Credited Service and while still employed by the Employer shall receive a disability benefit at the annual rate of 1 3/4 percent of the Participant's Final Average Base Salary multiplied by the Participant's Years of Credited Service, a maximum of 30 years. This benefit shall be reduced by the amount of any workers' compensation benefit paid to the disabled Participant. In addition, if the disabled Participant thereafter engages in any gainful occupation or business, this benefit shall be further reduced by the excess, if any, of the compensation or profit earned from such occupation or business, over one-half of the compensation for a comparable period last received by the Participant from the Employer. This benefit shall not be reduced by early retirement factors on account of payments beginning prior to the Participant's Normal Retirement Date.
The disability benefit shall be paid monthly beginning on the first day of the month immediately following Termination of Employment on account of the disability and continuing until and including the month in which the Participant is no longer totally disabled, or in which the Participant dies, or in which the Participant reaches the Participant's Normal Retirement Date, whichever occurs sooner.
If the disabled Participant recovers prior to the Participant's Normal Retirement Date, the Participant shall thereafter be eligible for early or normal retirement accordance with Article IV. The Participant will not be credited with service during the period of the Participant's disability. If the Participant is not then eligible for early retirement and does not return to the Employer's employ within 90 days of notice from the Administrator, the Participant will be treated as having terminated employment on the date the Participant's disability commenced and the Participant will thereafter be eligible for benefits for terminated vested Employees in accordance with Article VII.
If the disabled Participant dies while still eligible to receive disability benefits and if the Participant is survived by a spouse, the Participant's surviving spouse shall be paid a monthly pension at the annual rate of 50 percent times 1 3/4 percent of the Participant's Final Average Base Salary multiplied by the Participant's Years of Credited Service, a maximum of 30 years.
This benefit shall be reduced by the amount of any workers' compensation survivor benefit paid to the surviving spouse. The surviving spouse's monthly pension benefit shall be paid on the first day of each month beginning with the month following the Participant's death and continuing until and including the month in which the spouse dies or remarries. This surviving spouse's pension will be paid only to a spouse to whom the Participant was married when the Participant became disabled.
If the disabled Participant dies while still eligible to receive disability benefits and after attaining age 55, as applicable and in accordance with section (b) of Article VII, and the Participant is not survived by a spouse, the Participant's designated beneficiary, or the beneficiary's estate, shall receive the survivor benefit which that beneficiary or estate would have been entitled to receive if the Participant had retired the day before the Participant died.
If the Participant remains disabled until the Participant's Normal Retirement Date, the Participant will then begin to receive the Participant's normal retirement pension in accordance with section (a) of Article IV. The Participant will not be credited with service during the period of the Participant's disability.
A Participant shall be considered totally disabled if the Participant is physically or mentally incapable of continuing the regular duties of the Participant's occupation or any other duties which are consistent with the Participant's education and prior employment experience. The physical or mental condition of the Participant shall be determined by a physician selected by the Administrator. Disability benefits shall be paid retroactive to the time the disability was determined to have begun except that benefits shall not be paid with respect to any period more that one year prior to the filing of a written claim with the Administrator. While the Participant is receiving disability benefits, the Administrator may require the Participant to submit, at least annually, satisfactory evidence of the Participant's continuing disability.
In the event of the death of a Participant prior to reaching age fifty-five, the Participant's surviving spouse, or the Participant's designated beneficiary, or the beneficiary's estate, as the case may be, shall be eligible to receive a refund of the Participant's contributions as determined in accordance with the provisions of section (d) (2) of Article III.
Any Participant who becomes totally disabled and has not completed at least 15 Years of Credited Service while employed by the Employer shall not be entitled to receive benefits under this Article.