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ARTICLE VII

Permanent Total Disability

VII.1 Determination of Disability

For purposes of this Plan, permanent total disability is disability resulting from any medically determinable physical or mental impairment which can be expected to be of long, continued or indefinite duration and which will render the Employee incapable of continuing in the employment of an Employer or engaging in any other regular employment for an Employer or engaging in any regular employment or occupation substantially gainful in character which he would otherwise be expected to be capable of performing in light of his training, experience and ability.  Disability Retirement Benefits will not be payable to an Employee where the disability results from a self-inflicted injury or the habitual use of narcotics or the habitual use of alcoholic beverages.

Disability will not be considered established until it has continued for a period of at least six consecutive months.  It shall be the responsibility of the Employee to submit proof of disability satisfactory to the Trustees, and the Trustees may require that the Employee be examined by a physician of their choice before awarding Disability Retirement Benefits under this Plan.

Once an Employee's application for Disability Retirement Benefits has been approved by the Trustees, they thereafter may, at their option, require one or both of the following from the Employee:

(1) Medical proof of the continuance of said disability, but that proof shall not be required more frequently than once in twelve months.

(2) A certification by the Employee, but not more frequently than every three months, that he is still totally and permanently disabled and setting forth the details of any gainful employment.

The Trust may withhold the payment of benefits when either of the foregoing reports have not been timely furnished by the Employee.  In addition thereto, the Employee may be required to submit to a physical examination to be given by a physician or surgeon designated by the Trustees at the expense of the Trust.

VII.2 Termination of Disability Benefits

As long as an Employee's disability continues, payments will continue for the lifetime of the Employee and will otherwise be payable and terminate in conformity with Paragraph 5.08.

Payment of Disability Retirement Benefits shall cease, and any benefits paid after that date shall be returned to the Trust, upon an Employee's return to Covered Employment, his engaging in substantial gainful employment, his recovery from the disability, as determined by a physician selected by the Trustees or by other evidence presented to the Trustees, or upon the discontinuance of the payment of a Social Security disability pension, whichever first occurs.

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