受托人的意见
争议的解决
情况下没有. 81-117
第1页 _____________________________________________________________________________
OPINION OF TRUSTEES _____________________________________________________________________________
在再保险
投诉人:被投诉人:ROD案件编号:
Board of Trustees: Harrison Combs, Chairman; John J. 奥康奈尔，受托人. 迪恩,受托人.
Pursuant to 篇文章中,我X of the United Mine Workers of America 1950 Benefit Plan and Trust, and under the authority of an exemption granted by the United States Department of Labor, the Trustees have reviewed the facts and circumstances of this dispute concerning the provision of health and other non-pension benefits coverage for an 员工 by the 雇主 under the terms of the 雇主’s Benefit Plan and hereby render their opinion on the matter.
背景事实
The Complainant worked for 雇主 A up to June 25, 1982, on which date the vacation period began. During the vacation period, the mine where the Complainant had worked was closed. He was offered a job at one of 雇主 A’s other mines after the vacation was over. 然而, he decided that he would retire and did not return to work for 雇主 A.
雇主 A was a member of an association of coal companies which use the facilities of a preparation company, 雇主B, 谁来准备和销售他们生产的煤.
雇主B signed the National Bituminous Coal Wage Agreement of 1981 (Wage Agreement”) for the association, 将会费转交给美国煤矿工人联合会, 向各皇冠搏彩中心网站提交特许权使用费, and provided a master insurance program for the association members. 1982年6月, 雇主B notified 雇主 A that its coal would no longer be needed and that their affiliation was ended as of July 12, 1982. 雇主 A was signatory to the Agreement by virtue of its membership in the association up to July 12, 1982. 然而, 雇主 A had a market for its coal so it signed the National Bituminous Coal Wage Agreement of 1981, 就其本身而言, 7月20日, 1982.
投诉人提交了养老金申请, which was received by the 1974年退休金计划 (“1974 Pension Plan”) on September 21, 1982. 他的申请被拒绝了
员工
雇主
1983年5月31日
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1月28日, 1983, but is now being reconsidered in light of new information received by the Trustees after the denial.
Benefit coverage was provided for the Complainant through 雇主B’s insurance program until July 20, 1982, 但从那时起就没有提供任何保险.
争端
Is 雇主 A or 雇主B responsible for the provision of benefit coverage for the Complainant?
各方立场
Position of Complainant: The Complainant feels that 雇主B should provide him with benefit coverage inasmuch as it provided benefit coverage while he was employed.
Position of 雇主 A: He will provide the benefit coverage if the Trustees determine that his company is so responsible.
Position of 雇主B: The Complainant was never its employee. 雇主 A was his 雇主 and provided him with benefit coverage while he was employed and it should provide him with benefit coverage in retirement.
相关的规定
Article XX, Section (c)(3)(i) of the National Bituminous Coal Wage Agreement of 1981 which provides:
第(c)节1974计划和信托
(3)(i) Each signatory 雇主 shall establish and -maintain an 员工 benefit plan to provide, 通过保险公司实施, health and other non-pension benefits for its 员工s covered by this Agreement as well as pensioners under the 1974 Pension Plan and Trust, whose last signatory classified employment was with such 雇主….
篇文章中,我. (5) of the 雇主’s Benefit Plan which provides: Definitions
(5) “Pensioner” shall mean any person who is receiving a pension, other than (i) a deferred vested pension based on less than 20 years of credited service, or (ii) a pension based in whole or in part on years of service credited under the terms of 第二条 G of the 1974 Pension Plan, or any corresponding paragraph of any successor thereto, 根据1974年退休金计划(或其任何后续计划), whose last classified signatory employment was with the 雇主, 以计划第二条B款的规定为限.
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第二条. 雇主福利计划B(1)提供. 养老金领取者
健康的好处.and life insurance under 第三条 hereof shall be provided-to 养老金领取者 as follows:
(1) Any Pensioner who is not again employed in classified signatory employment subsequent to:
(a) such Pensioner’s initial date of retirement under the 1974 Pension Plan, and
(b)六月七日, 1981, 都有资格作为养老金领取者享受以下的保险, 并受本计划其他条款的约束. Notwithstanding (i) and (ii) of the definition of Pensioner in 篇文章中,我 (5) of this Plan, any such Pensioner who was eligible for benefits under the 1974 Benefit Plan as a Pensioner on December 5, 1977, 都有资格享受这些福利, 受本计划所有其他条文规限.
第三条. 雇主福利计划的D部分，该计划提供. 一般规定
(1)继续承保(a)裁员
如果雇员因裁员而停止工作, 健康的延续, life and accidental death and dismemberment insurance coverage is as follows:
工作小时数
连续24年的雇主
日历月期间
Prior to the 员工’s Date Period of Coverage Continuation
最后的工作
2000小时以上
500或更多，但少于
2000小时小于500小时
从过去的工作日期开始
月余额加上12个月
月余额加上6个月30天
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讨论
根据1981年工资协议第XX (3)(c)(i)条, each signatory 雇主 is required to establish and maintain an 员工 Benefit Plan for its 员工s covered by the Agreement, and for 养老金领取者 whose Last signatory classified employment was with such 雇主. 由于投诉人是雇主A的雇员, 签署, 他的最后一份机密工作是为雇主A工作, responsibility for Complainant’s benefit coverage rests with 雇主 A.
受托人的意见
The Trustees are of the opinion that 雇主 A is responsible for benefit coverage for the Complainant in accordance with the terms of the Benefit Plan established by 雇主 A pursuant to Article XX (e)(3)(i) of the 1981 Agreement.