1982年2月22日

(Opinion issued in letter form; name and address deleted)

杆没有. 298

This is in reference to your request for an advisory opinion from the Trustees of the UMWA Health and Retirement Funds concerning the above-named deceased miner’s widow’s eligibility for health and 人寿保险 coverage.

According to the information which you and the widow have provided, the miner last worked in the coal industry in October, 1978, when he became 禁用 due to arthritis. The miner was 47 years old at the time and had completed 27 years of credited service. His last signatory Employer provided him with sickness and accident benefits and health coverage until November 30, 1979. He was awarded Social Security Disability Insurance (“SSDI”) benefits in June, 1980, 3月有效, 1979. At the time of his death, 5月17日, 1981, the miner was not receiving a pension and had not applied for health coverage as a 禁用 miner.

根据第三条. B. of the Employer’s Plan, 人寿保险 coverage is provided to pensioners and to active, 禁用, and laid off employees. With respect to employees who become 禁用 during the term of the National Bituminous Coal Wage Agreement of 1978, 然而, 人寿保险 coverage is in effect only during the period in which he is receiving sickness and accident benefits. At the time of the miner’s death, he was not receiving a pension and, 尽管残疾, he was no longer eligible for sickness and accident benefits. Therefore, under Article III. B., his widow would not be eligible for 人寿保险 benefits.

根据第二条. E. of the Employer’s Plan, the surviving spouse and dependents of a deceased miner are eligible for health coverage if the miner died at a time when he was eligible for such coverage. If the miner died after March 27, 1978, 然而, and the spouse is not eligible for a Surviving Spouse benefit, 人寿保险, 或者死亡抚恤金, health coverage is in effect for the spouse and dependents only to the end of the month in which the miner died.

In this case, the miner’s health coverage expired prior to his death. In addition, he did not apply for health coverage as a 禁用 miner at the time of his death. Therefore, his eligibility for such benefits had not been established. Under the language of Article II. E., 然而, even assuming that the miner was eligible for health coverage at the time of his death, because the spouse was not eligible for the Surviving Spouse benefit, 人寿保险, 或者死亡抚恤金 at that time, she would only have been eligible for health coverage until May 31, 1981, the end of the month in which the miner died. 因此, under the terms of the Employer’s Plan, the spouse is not now eligible for health coverage.
真诚地,

Harrison Combs, Chairman

约翰J. 奥康奈尔,受托人

Paul R. 迪恩,受托人