Article 180
ACCIDENT AND SICKNESS
DISABILITY PLAN
Sections:
180.03 Administrative responsibility.
180.01 Purpose of the plan.
The City of Meadville hereby establishes an accident and sickness and disability plan for the purpose of protecting its employees against the loss of wages resulting from a temporary disability due to non-occupational sickness or accident. This plan shall become effective upon the date of the enactment of the ordinance codified in this section. (Ord. 2994, 1979)
180.02 Definitions.
In this plan, whenever the context so indicates, the singular or plural number, and the masculine, feminine or neuter gender shall each be deemed to include the other, the terms "he", "his" and "him" shall refer to an employee of either gender and the following words shall have the following meanings:
(A) "Total disability" means the inability, due to injury or sickness, to perform substantially all the material duties of the employee’s occupation.
(B) "Complications of pregnancy" shall mean:
(1) Conditions requiring medical treatment prior to or subsequent to the termination of pregnancy whose diagnoses are distinct from pregnancy but which are adversely affected by pregnancy or caused by pregnancy, such as acute nephritis, nephrosis, cardiac decompensation, missed abortion, disease of the vascular, hemopoietic, nervous, or endocrine systems, and similar medical and surgical conditions of comparable severity.
(2) Hyperemesis gravidarum and pre-eclampsia requiring hospital confinement, ectopic pregnancy which is terminated, and spontaneous termination of pregnancy which occurs during a period of gestation in which a viable birth is not possible.
The following conditions are not complications of pregnancy: false labor, occasional spotting, physician prescribed rest during the period of pregnancy, morning sickness and similar conditions associated with the management of a difficult pregnancy not constituting a classifiably distinct complication of pregnancy. (Ord. 2994, 1979)
180.03 Administrative responsibility.
(A) Assignment of Administrative Authority. The city manager is hereby assigned the authority to administer this plan. He shall administer the plan in accordance with its terms and shall have all the powers necessary to carry out the provisions of the plan. The city manager shall interpret the plan and shall determine all questions arising in the administration, interpretation and application of the plan. Any such determination by the city manager shall be conclusive and binding on all employees.
(B) Payment of Expenses. The expense of administration of the plan shall be paid from the special fund created by this article to finance the plan. (Ord. 2994, 1979)
180.04 Eligibility.
(A) Conditions of Eligibility. All full-time employees of the City of Meadville will be eligible to participate in this plan on and after their first day of employment. (Ord. 2994, 1979)
180.05 Financing the plan.
(A) Creation of Special Fund. A special fund is hereby created to finance this plan. The city shall pay into said special fund hereby created an amount actuarially computed according to the experience of the city as to benefits paid during prior years and the costs of administration of the plan. This amount shall be determined at least annually by the city manager. An additional amount will be paid to the plan by the city at any time the city manager determines that there may be insufficient funds to pay benefits due under the plan or pay the costs of administration of the plan. (Ord. 2994, 1979)
180.06 Benefits.
(A) The city will pay from the special fund a weekly benefit to all classes of employees, except Class 6-A, a weekly benefit of $60.00 per week when the employee incurs total disability. The weekly benefit for employees in Class 6-A shall be $35.00 per week.
(B) Except for employees in Class 5, benefits shall begin on the first day after the disabled employee has used up his accumulated sick leave. For employees in Class 5, benefits shall begin on the first day an employee is disabled due to injury or on the eighth day an employee is disabled due to sickness.
(C) Benefits shall continue so long as the employee is totally disabled but no longer than 13 consecutive weeks.
(D) No benefit shall be paid if:
(1) The employee engages in any other work for remuneration or profit; or
(2) The employee is not under the direct care of a licensed physician; or
(3) The disability is covered under the Workman’s Compensation Act or similar legislation; or
(4) The disability is intentionally self-inflicted; or
(5) The disability is due to normal pregnancy and not a complication of pregnancy.
(E) Successive periods of disability shall be considered as one continuous period of disability unless said separate periods are:
(1) Due to unrelated causes commencing after the employee has returned to full-time active work; or
(2) Separated by two or more weeks of full-time continuous work. (Ord. 2994, 1979)
180.07 Miscellaneous.
(A) Neither the establishment of this plan or special fund hereby created, nor any modification thereof, nor the payment of any benefits, shall be construed as giving to any employee or any other person a legal or equitable right against the city, or any officer or employee thereof or the city manager, except as herein provided.
(B) This agreement shall be construed according to the laws of the state of Pennsylvania, and all provisions hereof shall be administered according to the laws of Pennsylvania. (Ord. 2994, 1979)