______________________________________________________________________________

受托人的意见
______________________________________________________________________________

在再保险

原告: 残疾员工
被申请人: 雇主
ROD案例编号: 81-727——1987年12月10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 benefits coverage for a disabled Employee under the terms of the 雇主 Benefit Plan.

背景事实

原告, 谁44岁, last worked in a classified position for 被申请人 on December 3, 1981. The Respondent was signatory to the 1981 and 1984 National Bituminous Coal Wage Agreements (“Wage Agreement”). Information received by the Funds indicates that 被申请人 corporation sold a substantial portion of its stock to 海盗煤炭公司. 1986年4月7日. 海盗煤炭公司. is not a signatory to the 1984 Coal Wage Agreement.

原告, who had a total of twenty (20) years of credited service, was awarded Social Security Disability Insurance benefits effective June 1, 1982, 基于心脏和神经的问题. 原告 applied for pension benefits under the 1974年退休金计划 and was notified that he was eligible for a pension upon reaching age 55. 原告 was advised to contact his last signatory employer, 被申请人, concerning the provision of health benefits coverage, as he was working in a classified position when he became disabled and had completed twenty (20) years of credited service, including the required number of years of signatory service. The Respondent was sent a copy of this letter. The representative for the Complainant states that 被申请人 has refused to provide health benefits coverage for the Complainant and his eligible dependents.

争端

Is 被申请人 responsible for providing health benefits coverage to the Complainant and his eligible dependents?

各方立场

Position of the 原告: The Respondent is responsible for the provision of health benefits coverage for the Complainant as a disabled Employee and his eligible dependents.

Position of 被申请人: The Respondent has failed to reply to repeated correspondence from Funds’ staff.

相关的规定

Article I (1), (2) and (4) of the 雇主 Benefit Plan provide:

The following terms shall have the meanings herein set forth:

(1) “雇主”指(雇主名称)

(2) “Wage Agreement” means the National Bituminous Coal Wage Agreement of 1981 and 1984, as amended from time to time and any successor agreement.

(4) “Employee” shall mean a person working in a classified job for the 雇主, 有资格获得本协议项下的福利.

第二条丙. 雇主福利计划规定:

C. 残疾员工

In addition to disabled Pensioners who are receiving pension benefits and are therefore entitled to receive health benefits under paragraph B of this Article II, health benefits under Article III shall also be provided to any Employee who:

(1) (a) has completed 20 years of credited service, including the required number of years of signatory service pursuant to Article IV C (6) of the 1974 Pension Plan or any corresponding paragraph of any successor thereto, (b)未满55岁, (c)在12月6日以后失效的, 1974 while in classified employment with the 雇主, and (d) is eligible for Social Security Disability Insurance benefits under Title II of the Social Security Act or its successor;

讨论

Article II (C) of the 1981 雇主 Benefit Plan provides that for an individual to qualify for health benefits coverage he must not have attained the age of 55; he must have become disabled after December 6, 1976 while working for a signatory employer in a classified position; he must be eligible for Social Security Disability Insurance benefits; and he must have completed 20 years of credited service, including the required number of years of signatory service pursuant to Article IV C (6) of the 1974 Pension Plan. Inasmuch as the Complainant was working for 被申请人 at the time he became disabled, is receiving Social Security Disability Insurance benefits, 还没到55岁, and has met the 20 year service requirement stated above, he is eligible for health benefits from his last signatory 雇主, 被申请人. Although shares of 被申请人 corporation’s stock were sold to 海盗煤炭公司. 1986年4月, a change in the identity of stockholders does not affect the corporate existence nor the corporation’s debts, 义务, 或负债. 因此, 被申请人 remains liable for the health benefits coverage for the Complainant and his eligible dependents.

受托人的意见

The Respondent is responsible for the provision of health benefits coverage to the Complainant as a disabled Employee and his eligible dependents consistent with the applicable provisions of the 雇主 Benefit Plan.