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受托人的意见
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在再保险
投诉人:下岗职工
被申请人:雇主
ROD案例编号:84-409 - 1987年8月12日
董事会:Joseph P. 康纳斯,老., Chairman; Paul R. 院长，受托人. 约旦,
Trustee; 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 福利计划
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 under the terms of the 雇主福利计划.
背景事实
The 信访人提出的 worked in classified jobs for the Respondent until on or about February 27,
1987年，被告停止营业. 投诉人的代表
stated that the Respondent provided health benefits coverage for eight (8) of the 信访人提出的
through a Health Maintenance Organization (HMO) until November 4, 1986, when such
coverage was terminated, and through a Blue Cross/Blue Shield plan for the remaining
信访人提出的. Information provided to the Funds indicates that health benefits coverage for the
信访人提出的 who were enrolled in the Blue Cross/Blue Shield plan was terminated effective
一九八七年一月一日.
The representative for the 信访人提出的 contends that the Respondent is responsible for
providing health and other non-pension benefits for the 信访人提出的 as Employees and laid-off
Employees during their individual periods of eligibility as determined under the Employer
福利计划. The Respondent states that it has ceased operations and is financially unable to
provide health and other non-pension benefits for the 信访人提出的. 答辩人已陈述
that it is attempting to obtain additional financing in order to resume operations and to provide
为下岗员工提供医疗福利.
争端
Whether the Respondent is responsible for providing health and other non-pension benefits for
the 信访人提出的 as Employees and laid-off Employees.
双方立场
受托人的意见
争议的解决
情况下没有. 84-409
第二页
Position of the 信访人提出的: The Respondent is responsible for providing health and other nonpension benefits for the 信访人提出的 as Employees and laid-off Employees during their
individual periods of eligibility as determined under the terms of the 雇主福利计划.
Position of the Respondent: The Respondent is currently financially unable to provide health and
other non-pension benefits for the 信访人提出的.
相关的规定
Article XX Section (c)(3)(i) of the National Bituminous Coal Wage Agreement of 1984 provides
在相关部分:
(c) 1974年计划和信托
(3)(i) Each signatory Employer shall establish and maintain an Employee benefit
plan to provide, implemented through an insurance carrier(s), health and other
non-pension benefits for its Employees covered by this Agreement as well as
pensioners, under the 1974 Pension Plan and Trust, whose last signatory
分类雇佣是在这样的雇主. 提供的好处
Employer to its eligible Participants pursuant to such 计划 shall be guaranteed
during the term of this Agreement by that Employer at levels set forth in such
计划.
Article I (1), (2) and (4) of the 雇主福利计划 provide:
第一条-定义
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 1984, as amended from time to time and any successor
协议.
(4) “Employee” shall mean a person working in a classified job for the
Employer, eligible to receive benefits hereunder.
第二条A款. (4)雇主福利计划规定:
第二条-资格
The persons eligible to receive the health benefits pursuant to 第三条 are 如下:
受托人的意见
争议的解决
情况下没有. 84-409
第3页
A. 积极的员工
(4) A new Employee will be eligible for health benefits from the first day
与雇主合作.
第三条D. 雇主福利计划第(1)(a)条规定:
第三条-福利
D. 一般规定
(1)续保
(一)裁员
If an Employee ceases work because of layoff, continuation of
health, life and accidental death and dismemberment insurance coverage is
如下:
工作时数
24 .雇主
连续日历月
承保期紧接之前的期间
雇员的日期从
最后工作日期最后工作时间
每月结余2000小时或以上
12个月
500或以上但少于月结余额
2000小时6个月
30天内少于500小时
讨论
Article XX (c)(3)(i) of the National Bituminous Coal Wage Agreement of 1984 requires a
signatory Employer to establish and maintain an 雇主福利计划 to provide health and
雇员的其他非退休金福利. 工资协议规定了福利
provided by the Employer pursuant to such Plan shall be guaranteed during the term of the
Agreement by that Employer at levels set forth in such Plan. 被告的主张是
financially unable to provide health benefits does not relieve it of its obligation to provide such
工资协议规定的福利.
受托人的意见
争议的解决
情况下没有. 84-409
第4页
第二条A款. (4) of the 雇主福利计划 provides that active Employees shall be eligible
for health and other non-pension benefits from the first day worked for the Employer. 第三条
D. (1)(a) provides that such coverage shall continue for each laid-off Employee for a period
based on the number of hours worked by the Employee for the Employer during the 24-month
在最后工作日期之前的时间. Inasmuch as the 信访人提出的 were active Employees of the
Respondent until on or about February 27, 1987, and laid-off Employees thereafter, the
Respondent is responsible for providing health and other non-pension benefits for the
信访人提出的 during their individual periods of eligibility as determined under the terms of the
雇主福利计划.
受托人的意见
The Respondent is responsible for providing health and other non-pension benefits for the
信访人提出的 during their individual periods of eligibility as determined under the terms of the
雇主福利计划.