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(b) Article 2A.11 of the Regulations, states, “To be
considered retired, an Employee must ---”. The petitioner
is still “an employee” under Article 2A.11, and remains an
employee, notwithstanding Article 1.08 of the MEBA TRUST
REGULATIONS (Administrative Record, Exhibit 1-A, pages “4”
and “5” of the Trust Regulations. Otherwise, the petitioner
could not comply with the provisions of Article 2A.13 of the
MEBA TRUST REGULATIONS in respect to “Re-employment of
Pensioners During Conditions of Officer Shortages”.
(Response Exhibit #2, and Response Exhibit #3).
Petitioner misreads the cited provision of the MEBA Plan
instrument. As can be seen from the text of section 2A.11 of
article II-A of the MEBA Plan instrument,9 attainment of retired
9 2A.11 RETIRE AND MARITIME EMPLOYMENT DEFINED
(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 the 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documentary proof that he has withdrawn from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.
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