-23- status can be achieved only by taking steps which effectively preclude any current employment and make unlikely any future employment. Section 2A.13 of article II-A of the MEBA Plan instrument provides for exceptional circumstances under which a retiree could return to covered employment without suffering the full range of penalties provided by sections 2A.12 and 2A.14. Those circumstances are war or national emergency (subsection (a)(1)) and shortage of personnel (subsection (a)(2)). Those circumstances come into play only if (a) the war, national emergency, or shortage of personnel exists; (b) the pensioner notifies the MEBA Plan trustees in writing; and (c) the MEBA Plan trustees permit the pensioner to return to covered employment. We have not found, and petitioner has not directed our attention to, anything in the record in the instant case that suggests that any such specified emergency condition existed, that petitioner requested permission to return to covered employment, or that petitioner was granted permission to return to covered employment. Thus, as we see the situation, the provisions of the MEBA Plan instrument to which petitioner directs our attention make it clear that petitioner was no longer a present employee under the MEBA Plan instrument throughout the relevant period for determining petitioner’s status.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011