S-4.2, r. 5.2 - Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions

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78. When the Tribunal d’arbitrage médical confirms that the senior administrator does not satisfy the definition of disability, payment of the premiums and contributions to the insurance and retirement plans shall be made retroactively from the date of interruption of payment of the benefit or the date the refusal to pay the benefit came into effect and the employer continues to pay the senior administrator a salary equal to the benefit, until the employer offers him a position. Where the disagreement was submitted to the arbitration court by the senior administrator, the senior administrator shall reimburse the salary that was paid to him to the employer.
When the arbitration court confirms the senior administrator’s disability, the employer shall continue to pay a salary equal to the benefit until the date on which the insurer pays the benefit. The insurer shall reimburse to the employer the amounts that are equivalent to the benefits paid to the senior administrator by the employer. The employer shall reimburse to the senior administrator the arbitration fees as well as the medical examination fees paid by him, if any.
O.C. 1217-96, s. 78.