John F. Romann - Page 23

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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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