What return to work rights must be given up. Before an individual may receive an annuity based on age, he or she must give up any seniority or other rights to return to work for any railroad employer.
When right to return to work is ended. An individual's right to return to work for a railroad employer is ended whenever any of the following events occur:
The employer reports to the Board that the individual no longer has the right;
The individual or an authorized agent of that individual gives the employer an oral or written notice of the individual's wish to give up that right and:
The individual certifies to the Board that the right has been given up;
The Board notifies the employer of the individual's certification; and
The employer either confirms the individual's right has been given up or fails to reply within 10 days following the day the Board mailed the notice to the employer;
An event occurs which under the established rules or practices of the employer automatically ends that right;
The employer or the individual or both take an action which clearly and positively ends that right;
The individual never had that right and permanently stops working;
The Board gives up that right for the individual, having been authorized to do so by the individual;
The individual dies; or
The individual signs a statement that he or she gives up all rights to return to work in order to receive a separation allowance or severance pay.
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