Pensioners Who Return to Active Service in the Industry
In those ports which permit a pensioner who is receiving a pension from a local Port longshore pension plan to return to active service, a pensioner who is receiving MILA pensioner benefits and returns to active service will be eligible for MILA benefits as follows:
- If the pensioner has not attained 58 years of age or has fewer than 25 years of service as determined by the local port pension rules, that person will not be entitled to MILA benefits until he or she qualifies for MILA benefits based on the hours worked after the pensioner returned to active service, unless the pensioner is still eligible for MILA benefits based on his or her hours of work.
- If the pensioner is 58 years of age or older and has at least 25 years of service as determined by the local Port pension rules, he or she shall receive MILA Basic Plan benefits between the date of the return to active service and the end of the calendar year following the end of the contract year in which the return to active service occurs. Thereafter, MILA benefits will be based upon credited hours as constructed. See the formula in the next column for a description of the construction.
- If a pensioner returns to active service before having exhausted eligibility for MILA Premier Plan benefits for which he or she would have been entitled if the pensioner had not retired, the returning active member will be entitled to receive Premier Plan benefits from the date of return to active service until the end of the last calendar year for which such benefits had been earned. If the pensioner had been receiving Premier Plan benefits as the retirement benefit, then he or she will continue to receive those benefits until the end of the calendar year following the end of the contract year of return. Thereafter, MILA benefits will be based upon credited hours as constructed. See the formula below for a description of the construction.
- If a pensioner retires from active service, the pensioner and/or his spouse become covered under the MILA Medicare Wrap-Around Plan and the pensioner subsequently returns to active service and becomes covered in MILA based upon active service, when he or she subsequently retires and again becomes covered in the MILA Medicare Wrap-Around Plan, the benefits of that Plan will be reduced by any benefits used during the prior period or periods of retirement coverage in the MILA Medicare Wrap-Around Plan.
- Constructed hours during the contract year of return will consist of two segments: (1) the hours actually worked in the contract year in which he or she returns to active service plus (2) constructed hours for the period beginning with the first day of that contract year and ending on the work day immediately preceding the date he or she returned to work. Constructed hours will be granted at the following rate depending upon the benefit Plan in which the Member participated on the date immediately preceding the day he or she retired: for the Premier Plan, 26 hours per week; for the Basic Plan, 20 hours per week; and for the Core Plan, 14 hours per week.
- If a Member retires under a local Port longshore pension after April 30, 2008, he or she will receive constructed hours upon return to active longshore work as described above only one time. In a subsequent return to active work under the conditions described in this section, any MILA benefits to which the person was entitled as a pensioner will cease upon such return to active work and the future entitlement to MILA benefits will be based upon the hours actually worked after the pensioner returned to active service unless the MILA Trustees determine that such person had to return to active service due to a hardship. If the MILA Trustees determine that the return to active work was occasioned by hardship, then MILA coverage will be granted under the terms described in this section.
