-9-
(a) To Retire (or be Retired or in Retirement), an Employee
must:
(1) withdraw completely from:
(A) Covered Employment;
(B) work aboard any vessel; and
(C) in the case of a port engineer, port
electrician or hull inspector, any service in
the maritime industry that involves a
Licensed Officer’s knowledge or expertise,
including but not limited to, knowledge or
expertise in construction, repair,
operational or maintenance activities.
(2) complete taking of his earned vacation; and
(3) furnish the Plan Office with satisfactory
documentary proof that he has withdrawn from
membership in the Union and the ROU, and has
surrendered his seaman’s papers to the Trustees.
A pensioner who wants to return to maritime employment
without penalty must ask the Trustees, in writing, for permission
to do so. Sec. 2A.12 of article II-A. Penalties could include
the following: (1) Suspension of the pension for the month in
which the employment occurs, and for up to the next 6 months, (2)
return of any lump sum distribution previously paid, and (3)
forfeiture of eligibility for benefits under MEBA Membership.
Sec. 2A.14 of article II-A.
Petitioner
Petitioner is retired and is receiving a pension under the
MEBA Plan. His regular monthly pension became effective January
1, 1991; the amount for 1991 was $71.16, for 1992 was $74.43, for
1993 was $76.63, and for 1994 was $78.81. These amounts are in
addition to the SPB, supra table 1. Petitioner received a check
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