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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: 84-414——1987年7月1日

董事会:Joseph P. 康纳斯,老., Chairman; Paul R. 院长，受托人. 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 健康 benefits coverage under the terms 雇主福利计划的成员.

背景事实

The Complainant is an active 员工 of the Respondent who was granted a leave of absence for a 21-week period, 1月2日生效, 1987, 为执行国民警卫队的职责. 投诉人最后一次上班是在一月二日, 1987, and the Respondent terminated 健康 benefits coverage for the Complainant and his dependents 1月2日生效, 1987.

The representative for the Complainant contends that the Complainant and his dependents are entitled to continued 健康 benefits coverage during the Complainant’s 21-week leave of absence. 被告认为，根据第三条D. (1) (c) 2. 雇主福利计划的成员, the Complainant and his eligible dependents are not entitled to 健康 benefits coverage during the period for which the Complainant has taken a leave of absence. The Respondent states that 健康 benefits coverage for the Complainant and his eligible dependents will be reinstated on the date the Complainant returns to work for the Respondent.

争端

Whether the Respondent is responsible for providing 健康 benefits for the Complainant and his eligible dependents during the period for which the Complainant has been granted a leave of absence.

双方立场

Position of the 原告: The Respondent is responsible for providing 健康 benefits or the Complainant and his dependents during the period for which he has been granted a leave of absence.

Position of the 被申请人: The Complainant and his dependents are not entitled to 健康 benefits during the period for which the Complainant has been granted a leave of absence.
相关的规定

雇主福利计划第I(1)、(2)、(4)条规定:

第一条-定义

下列术语具有本协议规定的含义:

(1) “雇主”指(煤炭公司).

(2) “工资协议”指1984年《皇冠搏彩中心网站》, 如不时修订及任何后续协议.

(4) “雇员”系指为雇主从事保密工作的人员, 有资格获得本协议项下的福利.

第二条A款. (1)雇主福利计划规定:

第二条-资格

The persons eligible to receive the 健康 benefits pursuant to Article III are as follows:

A. 积极的员工

第III条规定的福利应提供给下列任何员工:

(1) is actively at work* for the 雇主 on the effective date of the Wage Agreement;

第三条D. (1) (c)雇主福利计划规定:

第三条-福利

D. 一般规定

(1) 续保

(c) 休假

1.During any period for which an employee is granted an approved leave of absence for the purpose of accepting temporary employment with the United Mine Workers of America (UMWA) such 员工 shall be
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*Actively at work includes an 员工 of the 雇主 who was actively at work on September 30, 1984, and who returns to active work with the 雇主 two weeks after the effective date of the Wage Agreement.

有资格继续健康, life and accidental death and dismemberment insurance coverage for a period not to exceed 120 calendar days within any 12-month period.

2.During any period for which an 员工 is granted an approved leave of absence for any other reason, 该雇员的健康资格, life and accidental death and dismemberment insurance coverage shall be terminated as of the day last worked and shall not be reinstated until the 员工 returns to active work except as provided in paragraph 3 below.

3.如果员工在批准的休假中被置于解雇状态, or would have been placed on lay-off status had the 员工 been actively at work, 健康, life and accidental death and dismemberment coverage shall be reinstated as of the effective date of lay-off. Such coverage shall continue for a period determined pursuant to the provisions of paragraph (a) above using the commencement date of the leave of absence in place of the date last worked for purpose of determining the number of hours worked. In no event shall coverage under this paragraph continue beyond the balance of the month plus 12 months from the effective date of lay-off. An 员工 who returns to work after having been on leave of absence shall not have the period for which such 员工 was on leave of absence included in the 24-calendar-month period as used in paragraph (a) for determining eligibility for continuation of coverage.

讨论

第二条A款. (1) 雇主福利计划的成员 provides 健康 benefits coverage to 员工s who were actively at work for the 雇主 on the effective date of the Wage Agreement. 根据第三条D款. (1) (c), 健康 benefits for an 员工 who has been granted an approved leave of absence for any reason other than to accept temporary employment with the UMWA, will be terminated as of the day last worked and will not be reinstated until the 员工 returns to active work, unless such 员工 is placed on lay-off status while on an approved leave of absence. Inasmuch as the Complainant was granted a leave of absence 为执行国民警卫队的职责, 且未被被申请人置于解雇状态的, the Respondent is not responsible for providing 健康 benefits for the Complainant and his dependents during the period for which he was granted a leave of absence.

的意见

The Respondent is not responsible for providing 健康 benefits for the Complainant and his dependents during the period for which he was granted a leave of absence.