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受托人的意见
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在再保险
原告: 养老金领取者
被申请人: 雇主
ROD案例编号: CA-050 - 2002年1月15日
受托人: A. 弗兰克·邓纳姆，迈克尔·H. 霍兰德，马蒂·D. 哈德逊,
艾略特一. 西格尔.
The Trustees have reviewed the facts and circumstances of this dispute concerning the provision of benefits under the terms of the Coal Industry Retiree Benefit Act of 1992 (Coal Act) 雇主 Benefit Plan maintained pursuant to section 9711 of the Internal Revenue Code.
背景事实
The Complainant is a pensioner whose last signatory employment was with the Respondent. The Complainant provided a copy of a certificate that indicates on November 7, 1993, the Complainant was “joined in Holy Union” with a person of the same sex in a ceremony performed at a church in West Virginia. 一九九八年九月, the Complainant requested the Respondent provide health benefits coverage for the Complainant’s domestic partner because the Complainant provides over one-half of her partner’s support. The Complainant and her partner currently reside in Florida.
争端
Is the Respondent required to provide coverage for the Complainant’s domestic partner of the same sex?
双方立场
Position of the 原告: The Respondent is required to provide health benefits coverage for the Complainant’s domestic partner because the Complainant provides over one-half of her partner’s support.
Position of the 被申请人: The Respondent is not required to provide health benefits coverage for the Complainant’s domestic partner because the Complainant’s partner does not qualify as a spouse under Federal or State laws nor is there a provision under the Coal Act 雇主 Benefit Plan that provides coverage for a spouse of the same sex.
相关的规定
Article I (1), (2), (4) and (5) of the Coal Act 雇主 Benefit Plan:
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 1988, as amended from time to time and any successor agreement.
* * * * * * * * *
(4) “养老金领取者” shall mean any person who is receiving a pension, other than (i) a deferred vested pension based on less than 20 years of credited service, or (ii) a pension based in whole or in part on years of service credited under the terms of Article II G of the 1974 Pension Plan, or any corresponding paragraph of any successor thereto, under the 1974 Pension Plan (or any successor thereto), whose last classified signatory employment was with the 雇主, subject to the provisions of Article II of this Plan. 尽管有上述规定, “养老金领取者” shall not mean any person who had not met all age and service requirements for receiving benefits as of February 1, 1993, and shall not mean any person who retires from the coal industry after September 30, 1994.
(5) “Beneficiary ” shall mean any person who is eligible pursuant to the Plan to 收到 本协议第三条规定的健康福利.
Article II of the Coal Act 雇主 Benefit Plan provides in pertinent part:
第2条资格
The persons eligible to 收到 the health benefits pursuant to Article III 这些人是谁 entitled to 收到 such benefits under section 9711 of the Internal Revenue Code, subject to the eligibility provisions of the 雇主 Plan in effect on February 1, 1993, and to all other provisions of this Plan. . . .
As noted in Article II of the Coal Act 雇主 Benefit Plan, the individuals eligible to 收到 health benefits under section 9711 of the Internal Revenue Code (the Coal Act) are subject to the eligibility provisions of the 雇主 Benefit Plan in effect on February 1, 1993. The Plan in effect on February 1, 1993, was the 1988 雇主 Benefit Plan.
Pertinent provisions from the 1988 雇主 Benefit Plan:
第二条D. (1) 1988年雇主福利计划规定:
第二条资格
The persons eligible to 收到 the health benefits pursuant to Article III are as follows:
D. 合格的家属
Health benefits under Article III shall be provided to the following members of the family of any Employee, 养老金领取者, or disabled Employee receiving health benefits pursuant to paragraphs A, B, 或本条第2款(C)项:
(1) A spouse who is living with or being supported by an eligible Employee 或退休;
* * * * * * * * *
For purposes of this paragraph D, a person shall be considered dependent upon an eligible Employee, 养老金领取者 or spouse if such Employee, 养老金领取者 or spouse provides on a regular basis over one-half of the support to such person.
讨论
第二条D. 1988年雇主福利计划第(1)条 (“雇主 Plan”) permits health benefits coverage for a spouse who is living with or being supported by an eligible Employee or 养老金领取者. Although the term spouse is not defined in the 雇主 Benefit Plan, the policy of the Trustees has been to define a spouse as a person of the opposite sex. Therefore, under the 雇主 Benefit Plan, a spouse cannot be a person of the same sex.
受托人的意见
The Respondent is not required to provide coverage for the Complainant’s domestic partner under 第二条D. 1988年雇主福利计划第(1)条.