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受托人的意见
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在再保险
投诉: 退休人员及雇员
被申请人: 雇主
ROD案例编号: 81-619——1986年5月28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 health benefits coverage for a pensioner under the terms of the 雇主 Benefit Plan.
背景事实
The Complainant is a 1974 Plan Pensioner whose last classified employment in the coal industry was with Respondent. Respondent was signatory to the National Bituminous Coal Wage Agreement (“Wage Agreement”) of 1981, 9月30日到期的, 1984. Respondent did not sign the 1984 Wage Agreement and discontinued Complainant’s health benefits coverage on November 1, 1984.
Funds’ staff found in a preliminary investigation that Respondent was financially able to provide benefits to Complainant. Respondent asserts that it is not obligated to do so since it never signed the 1984 Wage Agreement. The Complainant contends that the Respondent is responsible for health benefits for the Complainant and his eligible dependents.
争端
Whether the Respondent is responsible for providing health benefits to the Complainant following the expiration of the 1981 Wage Agreement.
双方立场
Position of Complainant: The Respondent is responsible for the provision of health benefits.
Position of 被申请人: Respondent has ceased its coal mining activities and is not responsible for the provision of health benefits following the expiration of the 1981 Wage Agreement.
相关的规定
Article XX(c)(3)(i) of the National Bituminous Coal Wage Agreement of 1981 provides:
(3)(i) Each signatory 雇主 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, 1974年养恤金计划和信托皇冠搏彩中心网站, 谁的最后一个签署人曾受雇于该雇主. The benefits provided by the 雇主 to its eligible Participants pursuant to such plans shall be guaranteed during the term of this Agreement by that 雇主 at levels set forth in such plans. Such plans shall also include that each signatory 雇主 continue to make the death benefit payments in pay status as of December 5, 1977, for deceased Employees and pensioners under the 1974 Pension Plan 谁的最后一个签署人曾受雇于该雇主, in the same manner and in the same amounts as previously provided for in the 1974 Benefit Plan and Trust. The plans established pursuant to this subsection are incorporated by reference and made a part of this Agreement, and the terms and conditions under which the health and other non-pension benefits will be provided under such plans are as to be set forth in such plans.
雇主福利计划第I(1)、(2)和(5)条规定:
篇文章中,我. 定义
下列术语具有本协议规定的含义:
(1) “雇主”指(雇主名称)
(2) “Wage Agreement” means the National Bituminous Coal Wage Agreement of 1981, 如不时修订及任何后续协议.
(5) “养老金领取者”系指领取养老金的任何人,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, 或其任何继承者的任何相应段落, 根据1974年退休金计划(或其任何后续计划), 谁的最后一次机密签署工作是在雇主处, 以本计划第二条B款的规定为准.
第二条. B. (1)雇主福利计划规定:
B. 养老金领取者
Health benefits and life insurance under 第二条I 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 or retirement under the 1974 Pension Plan, and
(b) 6月7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, 都有资格享受这些福利, 受本计划所有其他条文规限.
讨论
Article XX(c)(3)(i) of the 1981 Wage Agreement requires a signatory employer to establish and maintain an employer benefit plan to provide health and other non-pension benefits for its pensioners whose last classified employment was with such employer. Inasmuch as the Complainant’s last signatory classified employment was with the Respondent, the Respondent was responsible for his health benefits coverage during the term of the 1981 Wage Agreement.
这里的问题是, 然而, is whether the Respondent was contractually obligated to provide such coverage beyond the expiration of the 1981 Wage Agreement when the Respondent did not sign the 1984 Wage Agreement. 美国联邦第四巡回上诉法院. 美国煤矿工人联合会. et. al. v. 皇家煤炭公司., 768 F.2d 588, 592(第4卷. 1985年)及Dist. 17、美国煤矿工人联合会，等. v. 联合公司.等., 765 F.412,417(第4章. 1985)(全体会议), has ruled that an 雇主’s contractual obligation to provide health benefits to its pensioners does not extend beyond the expiration of the Wage Agreement.
受托人的意见
Given the controlling language of the applicable Wage Agreement and Plan documents and in light of the Fourth Circuit’s recent decisions, the Respondent is not responsible for providing health benefits to the Complainant following the expiration of the 1981 Wage Agreement.