John F. Romann - Page 20

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          first wrote to the District Director about the Plan.  We think it           
          is more likely than not that that issue of Marine Officer was               
          first distributed in February or early March 1995.                          
               Under these circumstances, in order to carry his burden of             
          proof as to jurisdiction, petitioner must persuade us that it is            
          more likely than not that he was a present employee at whatever             
          time we might reasonably conclude was the correct determination             
          period under section 1.7476-1(c)(1), Income Tax Regs., most                 
          likely some time in February or early March 1995.                           
               Petitioner’s pension became effective January 1, 1991.                 
          Under section 1.07 of article I of the MEBA Plan instrument,                
          petitioner’s pension became effective the month after the month             
          in which the latest of the following occurred:  (1) Petitioner’s            
          application for pension was received at the plan office; (2)                
          petitioner ended his covered employment; and (3) petitioner ended           
          his last vacation period.  All three of these requirements had to           
          have been met by December 1990 for petitioner’s pension to have             
          been effective on January 1, 1991.                                          
               Under section 2A.11 of article II-A of the MEBA Plan                   
          instrument, a participant is considered retired when she or he              
          completely withdraws from covered employment.  For petitioner’s             
          pension to have become effective January 1, 1991, petitioner must           
          have withdrawn completely from covered employment before that               
          date.                                                                       






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