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受托人的意见
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在再保险
原告: 未亡配偶
被申请人: 雇主
ROD案例编号: 81-637——1986年8月25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 the surviving spouse of an Employee under the terms of the 雇主 Benefit Plan.
背景事实
The Complainant is the surviving spouse of a mine worker who was killed in a mine accident on duly 13, 1983年，当时他在为被告做机密工作. The Respondent was signatory to the National Bituminous Coal Wage Agreement (“Wage Agreement”) of 1981, 9月30日到期, 1984, 并且没有签署1984年的工资协议. The Respondent provided the Complainant death benefits and continued health benefits coverage through November 14, 1984. 1月24日, 1985 the Complainant was notified that health benefits coverage was terminated as of November 15, 1984.
The Complainant contends that the Respondent is responsible for providing health benefits to her and her eligible dependents from November 15, 1984年至6月7日, 1986, 她再婚的日期. The Respondent has failed to reply to repeated requests by Funds’ staff to provide its position in this dispute.
争端
Whether the Respondent is responsible for providing health benefits to the Complainant after November 15, 1984.
各方立场
Position of the 原告: The Respondent is responsible for the provision of health benefits to the Complainant and her eligible dependents from November 15, 从1984年到她再婚为止.
Position of the 被申请人: Respondent has not provided its position in this dispute.
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)、(4)和(7)条规定:
第一条-定义
下列术语具有本合同规定的含义:(1)
(1) “雇主”指(煤炭公司名称).
(2) “工资协议”指1981年《官方网站》, 如不时修订及任何后续协议.
(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.
(7) “Dependent” shall mean any person who is eligible pursuant to the Plan to receive benefits as set forth in Article III hereof.
第二条E. (1)雇主福利计划相关部分规定:
E. 已故雇员或退休人员的尚存配偶及受养人
Health benefits under Article III shall be provided to (i) any unmarried surviving spouse (who was living with or being supported by the Employee or Pensioner immediately prior to the Employee’s or Paragraph D, 雇员或领取退休金人士的死亡∶
1. As a result of a mine accident occurring on or after the effective date of the Plan while the Employee was working in a classified job for the 雇主;
Health benefits shall continue for a surviving spouse until the remarriage of such spouse, 但如果该配偶根据上文第(3)段有权享受此种福利, such health benefits will continue not longer than for the period specified in Paragraph (3) above.
讨论
第二条E. of the 雇主 Benefit Plan requires a signatory employer to provide health and other non-pension benefits for the unmarried surviving spouse and eligible dependents of a mine worker who is killed in a mine accident while working in a classified job for such 雇主. Inasmuch as the Complainant’s husband was employed in a classified position at the time he was killed, 并鉴于申诉人直到6月7日才再婚, 1986, the Respondent was responsible for health benefits coverage for the Complainant and her eligible dependents 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 for any period 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，位于华盛顿特区. 美国煤矿工人联合会，等. al. v. 皇家煤炭公司., 768 F. 2d 588, 592(第4卷. 1985年)及Dist. 美国煤矿工人联合会，等. al. 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 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.