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

Section 76 Disposition versions

2012-09-01

76. When the employer receives notice from the insurer to the effect that the senior administrator does not satisfy the definition of disability and that payment of the benefits shall be interrupted or refused, the employer may submit to the Tribunal d’arbitrage médical the disagreement that opposes the employer to the insurer in order to establish whether or not the senior administrator satisfies the definition, in accordance with the medical arbitration convention agreed upon with the insurer and provided that the senior administrator accepts that the disagreement be submitted to the arbitration court for final decision.

Where the employer and the senior administrator agree with the decision of the insurer to the effect that the senior administrator does not satisfy the definition of disability, the employer must offer an available position to the senior administrator and the applicable provisions are those prescribed in section 79 in the case of the acceptance of a position or in section 80 during the waiting period for such a position.

The disagreement of the senior administrator with the insurer’s decision to the effect that he does not satisfy the definition of disability may be submitted to the arbitration court by the senior administrator, under the conditions prescribed in the medical arbitration convention. In such a case, the employer shall pay no expenses.

O.C. 1217-96, s. 76.