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受托人的意见
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在再保险

原告: 员工
被申请人: 雇主
ROD案例编号: 1982年6月29日

Board of Trustees: Harrison Combs, Chairman; John J. O’Connell, Trustee; Paul R. 迪恩,受托人.

Pursuant to Article IX of the United Mine Workers of America 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 for a laid-off 员工 by the 雇主 under the terms of the 雇主’s Plan and hereby render their opinion on-the matter.

背景事实

The 员工 worked for the 雇主 from August 16, 1976, 直到3月1日, 1981, when the mine closed and the 员工 was laid off. 雇员尚未返回工作岗位. The 雇主, 然而, is currently operating other mines.

During the 24-calendar month period prior to 他上次约会成功了, 员工工作了3次,雇主工作423小时. The 雇主 provided benefits coverage for the 员工 until April 1, 1981.

争端

Is the 雇主 responsible for providing additional health and other nonpension benefits coverage for the laid-off 员工? 如果有，是什么时期?

各方立场

Position of 员工: He feels that the 雇主 is responsible for providing benefits coverage for him and his dependents.

Position of 雇主: The 雇主 has not responded to our correspondence.

相关的规定

第二条. A. (2)雇主的计划, 1981年修订, which provides:

The persons eligible to receive the health benefits pursuant to 第三条 are as follows:

A. 积极的员工

Benefits under 第三条 shall be provided to any 员工 who:

. . .
(2) is on layoff or disabled from the 雇主 and had continuing eligibility as of the effective date of the Wage Agreement, for coverage under the 1978 雇主’s Benefit Plan (“prior Plan”) as a laid-off or disabled employee. Coverage for such laid-off or disabled 员工s shall not continue beyond the date when they would no longer have been eligible for such coverage under the provisions of the prior Plan.

第三条. E. (1) (a)雇主计划, 1978年通过, which provides:

(1) 续保

(a) 裁员

If an 员工 ceases work because of layoff, 健康的延续, 视力保健, life and accidental death and dismemberment insurance coverage is as follows:

工作时数
24 .雇主
Calendar Month Period Prior Period of Coverage Continuation
到上次工作的日期 自上次工作日期起算

2000小时以上 月余额加上12个月

500 or more but less than Balance of month plus 6 months
2000小时

少于500小时 30天

第三条. E. (2)雇主的计划, 1978年通过, which provides:

(2) 预先保险费

In the event of an economic strike at the expiration of the 1978 Bituminous Coal Wage Agreement, the 雇主 will advance the premiums for its health, 视力保健, and life and accidental death and dismemberment insurance coverage for the first 30天 of such strike. Such advanced premiums shall be repaid to the 雇主 by such 员工s through a check-off deduction upon their return to work. Should such a strike continue beyond 30天, the Union or such 员工s may elect to pay premiums themselves.

讨论

第三条. E. (1) (a)雇主计划, 1978年通过, requires an 雇主 to provide continuation of coverage for the balance of the month 加上十二个月 from the date last worked for an 员工 who worked more than 2000小时 for the 雇主 during the 24-calendar months prior to 他上次约会成功了. 因为员工工作了,雇主工作423小时 during the 24 calendar month period prior to March 2, 1981, 他上次约会成功了, he was eligible for continuation of coverage under the 1978 雇主’s Plan for the balance of March 1981, 加上十二个月. When the economic strike commenced on March 27, 1981, 然而, 第三条所要求的雇主. E. (2) of the Plan to advance the 员工’s insurance premium for the first 30天 of the strike, but was not required to pay for the 员工’s coverage during the strike period.

根据第二条. A. (2)雇主的计划, 1981年修订, benefits are provided to laid-off 员工s who had continuing eligibility as of the effective date of the Wage Agreement for coverage under the 1978 雇主’s Plan as laid-off 员工s. Coverage under the 1981 雇主’s Plan continues until the date when the 员工 would no longer have been eligible for coverage under the prior Plan. The 员工 had continuing eligibility as of the effective date of the Wage Agreement for coverage under the 1978 雇主’s Plan as a laid-off 员工. Therefore, he is eligible for coverage under the 1981 雇主’s Plan. Because he was eligible for coverage under the terms of the 1978 雇主’s Plan until March 31, 1982, he is eligible under the 1981 雇主’s Plan until that date.

受托人的意见

The Trustees are of the opinion that the 雇主 is responsible for the provision of health and other non-pension benefit coverage for the 员工 and his dependents from June 7, 1981,到3月31日, 1982. 除了, the 雇主 was responsible for advancing the 员工’s insurance premium for the first 30天 of the economic strike which commenced on March 28, 1981.