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OPINION OF TRUSTEES
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In Re

Complainant: Pensioner
Respondent: Employer
ROD Case No: 98-043 - 2003年6月30日

Trustees: A. 弗兰克·邓纳姆，迈克尔·H. Holland, Marty D. Hudson and Elliot A. Segal.

The Trustees have reviewed the facts and circumstances of this dispute concerning the provision of benefits under the terms of Employer Benefit Plan.

Background Facts

The Complainant was awarded an Age 55 pension under the 1974 Pension Plan effective March 1, 1998. The Respondent, 谁是投诉人最后一个签署的雇主, signed the 1998 National Bituminous Coal Wage Agreement (Wage Agreement) effective May 1, 1998, 合约终止日期为四月一日, 2003.

自2000年9月起, the Complainant states that he has been employed outside of the coal industry and earns more than $1,000, but less than $1,800, per month. 根据答辩人的雇主福利计划, health benefits are not provided during any month in which a Pensioner is regularly employed at an earnings rate equivalent to at least $1,000. Therefore, 自2000年9月起, the Complainant has not been eligible for health benefits coverage because his monthly earnings exceed $1,000.

《皇冠搏彩中心》于1月1日生效, 2002, 其中养恤金领取者的收入限额增加到1美元,800 per month. However, the Respondent has not yet signed the 2002 Wage Agreement and the Employer’s 1998 Benefit Plan remains in effect.

Dispute

Does 1美元的收益限制,800 under the 2002 Wage Agreement apply to the Complainant?

双方立场

Position of the Complainant: The earnings limitation under the 2002 Wage Agreement applies to the Complainant because other terms of the 2002 Wage Agreement, 比如养老金的增加, 于1月1日起向投诉人申请, 2002. 此外，答辩人的其他一些

营运单位均已签署2002年工资协议, 因此，新的收入限制也应适用于投诉人.

Position of the Respondent: The earnings limitation under the 2002 Wage Agreement does not apply to the Complainant because the Respondent’s 1998 Wage Agreement has not terminated and the terms of the Respondent’s Employer Benefit Plan under that Agreement remains applicable until April 1, 2003, 或者等到后续协议达成.

相关的规定

Article XX Section (c)(3)(i) of the National Bituminous Coal Wage Agreement of 1998 provides in pertinent part:

(3)(i) Each signatory Employer shall establish and maintain an Employee benefit plan to provide, 通过保险公司实施, health and other non-pension benefits for its Employees covered by this Agreement as well as pensioners, under the 1974 Pension Plan and Trust whose last signatory classified employment was with such Employer. . . The benefits provided by the Employer to its eligible Participants pursuant to such plans shall be guaranteed during the term of this Agreement by that Employer at levels set forth in such plan. . . .

1998年雇主福利计划第I(1)、(2)及(5)条规定:

第一条定义

下列术语具有本协议规定的含义:

(1) “雇主”指(填上雇主名称).

(2) “工资协议”指全国烟煤工资 不时修订的1998年协议及任何后续协议 agreement.

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(5) “养恤金领取者”系指领取养恤金的任何人，但下列人士除外 (i)基于少于20年的已归属退休金 服务，或(ii)全部或部分基于服务年限的养老金 根据1974年养恤金计划第II G条的规定，或任何 1974年养恤金下任何继承者的相应段落 计划(或其任何后继计划)，其最后的机密签名工作 在雇主处，根据本协议第二条B款的规定 Plan. “养恤金领取者”并非指有权享受以下福利的任何个人 1986年《皇冠搏彩中心》第9711条，由 1992年煤炭行业退休人员健康福利法案.

Article II B. 1998年雇主福利计划第(1)及(4)条规定:

第2条资格

B. Pensioners

Health benefits and life insurance under Article III hereof shall be provided to 领取退休金人士如下:

(1) Any Pensioner who is not again employed in classified signatory employment subsequent to

(a) 根据1974年养恤金计划领取养恤金者的最初退休日期;及

(b) December 31, 1997, 都有资格作为养老金领取者享受以下的保险, 并受本计划所有其他条款的约束. Notwithstanding (i) and (ii) of the definition of Pensioner in Article I (5) of this Plan, any such Pensioner who was eligible for benefits under the 1974 Benefit Plan as a Pensioner on December 5, 1977, shall be eligible for such benefits subject to all other provisions of this Plan.

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(4) Health benefits shall not be provided during any month in which the Pensioner is regularly employed at an earnings rate equivalent to at least $1,000 per month.

Discussion

Article XX (c)(3)(i) of the 1998 Wage Agreement requires a signatory Employer to establish and maintain an Employee benefit plan to provide health and other non-pension benefits for its Pensioners whose last classified employment was with such Employer. 它进一步指出，“雇主提供的福利. . . shall be guaranteed during the term of this Agreement by that Employer at levels set forth in such plans. . . ."答辩人提供符合本条规定的健康福利.

Article II B. of the Respondent’s 1998 Employer Benefit Plan establishes that an individual eligible for pension benefits under the 1974年退休金计划 is eligible for health benefits coverage under the Plan. The Plan further stipulates that health benefits shall not be provided during any month in which such a pensioner is regularly employed at an earnings rate equivalent to at least $1,000 per month.

The Complainant was awarded a 1974 Pension Plan Age 55 pension effective March 1, 1998, 并且有资格享受医疗保险. 自2002年9月起, the Complainant has been ineligible for health benefits coverage because his monthly earnings exceed 1美元的收益限制,根据被投诉人的1998年雇主福利计划，可领取10,000元. 在申诉人的案件中, 1美元的收益限制,000 will remain in effect as long as the Respondent’s Employer Benefit Plan continues.

The Complainant’s argument that he is entitled to the higher earnings rate because he receives an increased pension payment from the 1974 Pension Trust under the 2002 Wage Agreement, is inapposite. The amount of pension benefits the Complainant receives is governed by the terms of the 1974 Pension Plan, 是根据2002年的《皇冠搏彩中心》而修订的. The Complainant’s health benefits are governed by the terms of the Respondent’s 1998 Employer Benefit Plan in effect during the life of the current wage agreement to which the Respondent is signatory. 这个工资协议就是1998年的工资协议. Furthermore, the fact that the Respondent has other operations that are signatory to the 2002 Wage Agreement is irrelevant. The agreement to which the Complainant’s last signatory operator is signatory is the 1998 Wage Agreement, and that agreement and the terms of the corresponding Benefit Plan remain in effect.

受托人的意见

1美元的收益限制,000 remains in effect as long as the Respondent’s 1998 Employer Benefit Plan continues.