＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿______
受托人的意见
＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿______
在再保险
投诉: 被解雇的员工
被申请人: 雇主
ROD案例编号: 84-357——1987年3月17日
董事会:Joseph P. 康纳斯,老., Chairman; Paul R. Dean,受托人; William B. Jordan,受托人; William Miller,受托人; Donald E. 皮尔斯,小.,受托人.
Pursuant to Article IX of the United Mine Workers of America (“UMWA”) 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 benefits coverage for laid-off Employees under the terms of the 雇主 Benefit Plan.
背景事实
The Complainants last worked in classified positions for the Respondent on December 20, 1985. On December 20, 1985, the Respondent idled the mines where the Complainants worked. The Complainants were laid off on February 14, 1986.
The representative for the Complainants contends that the Complainants are entitled to continued health benefits coverage, 2月14日生效, 1986, based on their hours worked for the Respondent in the 24-month period prior to the layoff date.
The Respondent has stated that continuation of coverage for the Complainants is measured from the date last worked. 因此, the Respondent contends that the Complainants are entitled to continued health benefits coverage from December 20, 1985, based on the number of hours each individual worked for the Respondent in the 24-month period prior to that date.
争端
Is the Respondent responsible for the 健康的延续 benefits coverage for the Complainants from the date last worked or the date of layoff?
各方立场
Position of the 投诉: The Respondent is responsible for the 健康的延续 benefits coverage for the Complainants from the date of layoff,
Position of the 被申请人: The Complainants are entitled to continuation of the health benefits coverage from the date last worked based on their hours worked for the Respondent in the 24-month period prior to the date last worked.
相关的规定
Article I (1), (2) and (4) of the 雇主 Benefit Plan provide:
第一条-定义
The following terms shall have the meanings herein set forth:
(1) “雇主” means (name of Coal Company).
(2) “Wage Agreement” means the National Bituminous Coal Wage Agreement of 1984, as amended from time to time and any successor agreement.
(4) “Employee” shall mean a person working in a classified job for the 雇主, eligible to receive benefits hereunder.
第二条A款. (1) and (4) of the 雇主 Benefit Plan provide:
第二条-资格
The persons eligible to receive the health benefits pursuant to Article III are as follows:
A. 积极的员工
Benefits under Article III shall be provided to any Employee who:
(1) is actively at work* for the 雇主 on the effective date of the Wage Agreement; or
(4) A new Employee will be eligible for health benefits from the first day worked with the 雇主.
＿＿＿＿＿＿＿＿
*Actively at work includes an Employee of the 雇主 who was actively at work on September 30, 1984, and who returns to active work with the 雇主 two weeks after the effective date of the Wage Agreement.
第三条D. (I) (a) of the 雇主 Benefit Plan provides:
第三条-福利
D. 一般规定
(1) 续保
(a) 裁员
If an Employee ceases work because of layoff, 健康的延续, life and accidental death and dismemberment insurance coverage is as follows:
工作时数
24 .雇主
连续日历月
紧接前一时期 保险期限
雇员日期 继续
最后的工作 最近工作日期
2000小时以上 月加余额
12个月
500或更多，但少于 月加余额
2000小时 6个月
少于500小时 30天
讨论
根据第三条D款. (I)(a) of the 雇主 Benefit Plan, the period of coverage continuation for a laid-off Employee is measured from the Employee’s date last worked. Inasmuch as the Complainants last worked for the Respondent on December 20, 1985, the Respondent is responsible for the 健康的延续 benefits coverage for their individual periods of eligibility from December 20, 1985, based on their hours worked for the Respondent in the 24 calendar-month period prior to December 20, 1985.
受托人的意见
The Respondent is responsible for providing continued health benefits coverage to the Complainants for their individual periods of eligibility from December 20, 1985, as determined under the terms of the 雇主 Benefit Plan.