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FY 2025 Special Section 5333 (b) Warranty 35 <br /> (7)(d) The dismissal allowance shall be paid to the regularly assigned incumbent of the <br /> position abolished. If the position of an employee is abolished when the employee is absent <br /> from service, the employee will be entitled to the dismissal allowance when the employee is <br /> available for service. The employee temporarily filling said position at the time it was <br /> abolished will be given a dismissal allowance on the basis of that position, until the regular <br /> employee is available for service, and thereafter shall revert to the employee's previous <br /> status and will be given the protections of the agreement in said position, if any are due <br /> him/her. <br /> (7)(e) An employee receiving a dismissal allowance shall be subject to call to return to <br /> service by the employee's former employer; notification shall be in accordance with the <br /> terms of the then-existing collective bargaining agreement if the employee is represented by <br /> a union. Prior to such call to return to work by his/her employer, the employee may be <br /> required by the Recipient to accept reasonably comparable employment for which the <br /> employee is physically and mentally qualified, or for which the employee can become <br /> qualified after a reasonable training or retraining period, provided it does not require a <br /> change in residence or infringe upon the employment rights of other employees under then- <br /> existing collective bargaining agreements. <br /> (7)(f) When an employee who is receiving a dismissal allowance again commences <br /> employment in accordance with subparagraph (e) above, said allowance shall cease while <br /> the employee is so reemployed, and the period of time during which the employee is so <br /> reemployed shall be deducted from the total period for which the employee is entitled to <br /> receive a dismissal allowance. During the time of such reemployment, the employee shall be <br /> entitled to the protections of this arrangement to the extent they are applicable. <br /> (7)(g) The dismissal allowance of any employee who is otherwise employed shall be reduced <br /> to the extent that the employee's combined monthly earnings from such other employment <br /> or self-employment, any benefits received from any unemployment insurance law, and <br /> his/her dismissal allowance exceed the amount upon which the employee's dismissal <br /> allowance is based. Such employee, or his/her union representative, and the Recipient shall <br /> agree upon a procedure by which the Recipient shall be kept currently informed of the <br /> earnings of such employee in employment other than with the employee's former employer, <br /> including self-employment, and the benefits received. <br /> (7)(h) The dismissal allowance shall cease prior to the expiration of the protective period in <br /> the event of the failure of the employee without good cause to return to service in <br /> accordance with the applicable labor agreement, or to accept employment as provided <br /> under subparagraph (e) above, or in the event of the employee's resignation, death, <br /> retirement, or dismissal for cause in accordance with any labor agreement applicable to <br /> his/her employment. <br /> (7)(i) A dismissed employee receiving a dismissal allowance shall actively seek and not refuse <br /> other reasonably comparable employment offered him/her for which the employee is <br /> 7 <br /> NCDOT-IMD <br /> March 5,2024 <br />