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受托人的意见
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在再保险
原告: 养老金领取者
被申请人: 雇主
ROD案例编号: 84-600——1988年4月7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 health benefits coverage for a 养老金领取者 under the terms of the 雇主 Benefit Plan.
背景事实
The Complainant was employed in a classified position by 被申请人 until his retirement on November 22, 1980. The Complainant was subsequently advised by letter that the Funds had determined that he was eligible to receive a 1974 Pension Plan Normal Retirement (Age 62) pension, 12月1日生效, 1980. The Complainant was advised to contact his last signatory employer, 被申请人, concerning his eligibility for health benefits coverage.
The representative for the Complainant states that 被申请人 has not provided health benefits coverage for the Complainant since he retired in 1980. The Respondent has indicated that it will not be able to provide health benefits retroactively, but it will provide coverage to the Complainant as soon as he can be enrolled under the Plan currently implemented by 被申请人.
争端
Whether 被申请人 is responsible for providing health benefits coverage for the Complainant as a 养老金领取者, 12月1日生效, 1980.
双方立场
Position of the 原告: The Respondent is responsible for providing health benefits coverage for the Complainant as a 养老金领取者, 12月1日生效, 1980.
Position of 被申请人: The Respondent will not be able to provide health benefits retroactively; however, it will provide coverage to the Complainant as soon as he can be enrolled under the Plan currently implemented by 被申请人.
相关的规定
Article I (1), (2) and (5) 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 (雇主’s Name).
(2) “Wage Agreement” means the National Bituminous Coal Wage Agreement of 1984, as amended from time to time and any successor agreement.
(5) “养老金领取者” shall mean any person who is receiving a pension, other than (i) a deferred vested pension based on the 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 Article II G of the 1974 Pension Plan, or any corresponding paragraph of any successor thereto, under the 1974 Pension Plan (or any successor thereto), whose last classified signatory employment was with the 雇主, subject to the provisions of 第二条乙 of this Plan.
第二条乙. (1) of the 雇主 Benefit Plan provides:
B. 养老金领取者
Health benefits and life insurance under Article III hereof shall be provided to 养老金领取者 as follows:
(1) Any 养老金领取者 who is not again employed in classified signatory employment subsequent to
(a) such 养老金领取者’s initial date of retirement under the 1974 Pension Plan, and
(b) 10月1日, 1984, shall be eligible for coverage as a 养老金领取者 under, and subject to all other provisions of this Plan. Notwithstanding (i) and (ii) of the definition of 养老金领取者 in Article I(5) of this Plan, any such 养老金领取者 who was eligible for benefits under the 1974 Benefit Plan as a 养老金领取者 on December 5, 1977, shall be eligible for such benefits, subject to all other provisions of this Plan.
讨论
The issue of whether an 雇主 is responsible for providing a 养老金领取者 with health benefits coverage as of the effective date of his pension has previously been addressed by the Trustees in Resolution of 争端 81-521 (copy enclosed herewith). 在那个决定中, the Trustees concluded that the 雇主’s obligation to provide health benefits coverage commences on the date the Complainant satisfied the criteria for receipt of pension benefits. 相应的, 在目前的争论中, 被申请人 is responsible for providing health benefits coverage for the Complainant as a 养老金领取者, 12月1日生效, 1980.
受托人的意见
The Respondent is responsible for providing health benefits coverage for the Complainant as a 养老金领取者, 12月1日生效, 1980.