Congrats to FoxHunter ... the below passage sounds like he just became our newest "new hire." Since he was over 60 when the law changed and NOT an actively employed flight crew member, I think he might be in big trouble Lucy. Oooops ... FH says I'm an "age bigot"
Question: May a person who was in the employment of an air carrier when he/she attained 60 years of age before December 13, 2007, but who was not conducting part 121 operations for the
carrier as a required flight deck crew member, continue employment with the air carrier?
Answer: Yes. However, under 49 U.S.C., § 44729(e)(1)(B), that person must be treated by the carrier as a “newly hired pilot...without credit for prior seniority or longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or
employment policies of the air carrier.”
Question: In the scenario described above, must the pilot be separated from the air carrier with a formal break in service in order to qualify for coverage of § 44729(e)(1)(B)?
Answer: No. The decision to “rehire” the pilot or keep the pilot in the airline’s employment is a matter to be decided through the company’s contractual process with its employees. In any case,
a person who attained age 60 before December 13, 2007, was not a required flight deck crewmember at the time, and who resumes pilot duties must be treated as a newly hired pilot.