1983年6月28日

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

Re: 受托人的意见
Resolution of Dispute
情况下没有. 81-127

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 whether 老板一个 or 雇主B is responsible for providing benefits coverage for the unmarried Surviving Spouse of a deceased, pension eligible Employee.

根据第二条. E. of the 雇主Benefit Plans, signatory Employers are required to provide benefits coverage for an unmarried Surviving Spouse of an Employee who died “(u)nder conditions which quality such spouse for a Surviving Spouse benefit under the 1974 Benefit Plan.” Employer’s Benefit Plan, Article II. E. The spouse’s husband last worked for 老板一个 on December 17, 1980 and died on July 17, 1981, under conditions qualifying the spouse for Surviving Spouse benefits from the United Mine Workers of America 1974 Pension Plan (“1974 Plan”). The spouse was approved for Surviving Spouse benefits from the 1974 Plan, effective August 1, 1981. Therefore, under Article II. E. of the 雇主Benefit Plans, the spouse is eligible for benefits coverage during any month in which she does not earn at least $500, and provided that she does not remarry.

老板一个 states that 雇主B is responsible for providing such coverage because 雇主B is a successor to 老板一个. 雇主B, 然而, claims that 老板一个 is responsible for providing such coverage, 因为死者, pension eligible Employee last worked for 老板一个.

老板一个 was signatory to the National Bituminous Coal Wage Agreement (“Wage Agreement”) of 1978, is signatory to the 1981 Wage Agreement, and is still in business. 老板一个 was a contract miner for 雇主B until March 1981, when it terminated its contract with 雇主B and ceased mining on 雇主B’s property. 雇主B subsequently began mining the property previously contracted to 老板一个. The agreement by which 老板一个 terminated its contract with 雇主B did not require 雇主B to provide benefits coverage for any of 老板一个’s Employees, 养老金领取者 or their Surviving Spouses.

The Trustees find that it is unnecessary to determine whether 雇主B is 老板一个’s successor, because there is no evidence that 雇主B agreed to provide benefits coverage to 老板一个’s Employees, 养老金领取者, or their Surviving Spouses. 然而, even assuming that 雇主B is 老板一个’s successor, 老板一个, 作为死者, pension eligible Employee’s last signatory Employer, would be required by its Employer’s Benefit Plan to provide benefits coverage to the Surviving Spouse.

真诚地,

Harrison Combs, Chairman

约翰J. 奥康奈尔,受托人

Paul R. 迪恩,受托人