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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.
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