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受托人的意见
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在再保险

原告: 雇主
被申请人: 养老金领取者
ROD案例编号: 70 - 1980年1月16日

Board of Trustees: Harrison Combs, Chairman; John J, O’Connell, Trustee; Paul R. 迪恩,受托人.

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 the provision of health and other non-pension benefits to a 养老金领取者 by his last 雇主 and hereby render their opinion on the matter.

背景事实

The UMWA Health and Retirement Funds approved a 1974 Plan Deferred Vested pension based on more than 20 years of credited service for the Respondent 养老金领取者 on August 10, 1979. 关于退休金申请, it was indicated that the 养老金领取者 had last worked in a classified job for the Complainant 雇主 in August 1976. 当时, 据投诉人称, the Respondent was discharged for misconduct under the terms of the NBCWA of 1974. 经批准领取养老金, both parties were notified by the Funds that the Complainant 雇主 was responsible for providing health and other non-pension benefit coverage under Complainant’s benefit plan established pursuant to XX条(c)(3) of the NBCWA of 1978,

After receiving the Funds’ notice concerning their responsibility for providing benefit coverage, the Complainant filed a request for Trustee opinion, stating that they had assisted in finding similar employment for the Respondent with another signatory 雇主. The Respondent stated that he had been employed in a classified job by the Complainant 雇主 from March 1968 to May 1976 and that he had completed only one day of orientation training with the other 雇主 for which he was paid $54.54，扣除3美元.税金71美元，43美元.“杂项”100美元.(显然是拍x光片). 然而, even though he had passed the physical examination for employment, 他的医生, 之前谁做过癌症手术, advised him not to accept the job because of the heavy lifting involved.

争端

Is the Complainant 雇主 responsible for providing health and other non-pension benefits to the Respondent 养老金领取者? 如果没有，其他雇主是否有责任?

双方立场

Complainant 雇主’s Position: In discharging the 养老金领取者 for misconduct in May 1976, the 雇主 states that all financial and legal responsibilities were severed under the NBCWA of 1974; additionally, the Complainant 雇主 participated in finding employment for the Respondent with the other 雇主.

Respondent 养老金领取者’s Position: The 养老金领取者 states that he only attended an orientation class and did not perform any work for the second 雇主.

相关的规定

(I) XX条, 1978年NBCWA第(c)(3)(i)条, which provides that each signatory 雇主 shall establish a benefit plan to provide health and other non-pension benefits for…pensioners under the 1974 Pension Plan whose last classified employment was with such 雇主.

(二)、(三) Articles 1(5) and II B of the 雇主’s Benefit Plan, which implement the above provision of the NBCWA.

讨论

XX条 (c)(3)(i) of the NBCWA of 1978 provides that each signatory 雇主 shall establish an Employee benefit plan to provide, implemented through an insurance carrier(s), health and other non-pension benefits for its Employees covered by the Agreement as well as pensioners under the 1974 Pension Plan and Trust, whose last classified employment was with such 雇主. In addition to health benefits for such 1974 Plan pensioners, the plan established by the signatory 雇主s must also provide life insurance coverage for the pensioners and health benefits for their dependents including lifetime health benefits for the surviving spouses of such pensioners, subject to certain limitations in the plans.

The cost of providing these benefits is substantial and it cannot be seriously contemplated that the burden was intended to fall on the second 雇主 in this case. 在这个例子中, the Employee had previously worked a significant period for the Complainant 雇主 – from March 1968 to May 1976, 那时他就出院了. The Complainant 雇主 then undertook to assist the Employee in securing other employment and in January 1977, the Employee was accepted for employment by the second 雇主. After receiving one day of orientation training, 雇员自愿终止合同, prior to assuming the duties of the job he was to fill, on the basis that he was physically unable to perform the work because of cancer surgery. 在这种情况下, the Employee’s retirement from classified employment occurred in May 1976 at which time he last worked for the Complainant 雇主.

受托人的意见

The Trustees are of the opinion that the Complainant 雇主 is responsible for providing health benefits and life insurance coverage for the Respondent 养老金领取者 under the provision of the 雇主’s benefit plan.