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OPINION OF TRUSTEES
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In Re

Complainant: Surviving Spouse
Respondent: Employer
ROD Case No: 81-258 – November 28, 1983

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

根据美国联合煤矿工人1950年福利计划和信托皇冠搏彩中心网站第九条, 并根据美国劳工部授予的豁免授权, the Trustees have reviewed the facts and circumstances of this dispute concerning the life insurance benefit for which the Surviving Spouse is eligible under the terms of the Employer’s Benefit Plan and hereby render their opinion on the matter.

Background Facts

The Complainant’s late husband was employed by the Respondent from April 8, 1982 to June 25, 1982. 他曾于1956年4月10日至1982年4月3日在雇主公司工作. On July 29, 1982, at age 59, 他向1974年养恤金计划提交了一份养恤金申请, The respondent provided a Certificate of Retirement to the UMWA Health and Retirement funds which outlined the Employee’s period of classified employment and indicated that he was paid Sickness and Accident benefits from May 20, 1982 to June 20, 1982, 雇员已填写退休金生效日期选择表格, 选举他的退休金，由七月一日起生效, 1982, However, he died on September 9, 1982, 在他的申请完成覆核前. 该申请于11月17日获得批准, 1982, 该员工被记入36年半的服务年限, 投诉人已获支付7月份欠雇员的退休金, August, and September 1982. 此外，申诉人的未亡配偶津贴于1982年10月1日生效.

The Complainant claims that the Employee was receiving payments from the Employer at the time of his death and she has submitted photocopies of payroll checks payable to the order of the Employee and dated May 27, 1982, July 8, 1982 and September 16, 1912, The Respondent’s Representative has submitted photocopies of the Employee’s Earnings Records which show that the checks were issued in payment for hours worked, holiday pay, clothing allowance, and vacation pay. The Respondent’s Representative contends further that the Respondent’s records show that the Employee retired on June 25, 1982.

Dispute

投诉人是否有权获得雇员或退休人员应得的人寿保险利益?

Positions of the Parties

Position of Complainant: Her husband was not receiving pension benefits at the time of his death and, therefore, 她有权获得25美元的人寿保险金,000, payable upon the death of an Employee.

Position of Respondent’s Representative: The Employee retired almost three months prior to his death and, therefore, the Complainant is entitled to the $2,领取养恤金者死亡时应支付的人寿保险赔偿金500元.

Pertinent References

提供雇主福利计划第I、(1)、(2)、(4)、(5)、(6)条

Article I – Definitions

下列术语具有本协议规定的含义:

1. “Employer” means (coal company)

2. “工资协议”指1981年《皇冠搏彩中心》, 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, eligible to receive Benefits hereunder.

5. “养老金领取者”系指领取养老金的任何人, 除了(i)基于少于20年的累计服务的递延既得退休金或, (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, 或其任何继承者的任何相应段落, 根据1974年退休金计划(或其任何后续计划), 谁的最后一次机密签署工作是在雇主处, 以本计划第二条B款的规定为准,

6. “Beneficiary” shall mean ana person who is eligible pursuant to the Plan to receive health benefits as set forth in Article III hereof.

Article II A. (1) and B. (3)雇主福利计划规定:

Article II – Eligibility

根据第三条有资格领取健康津贴的人员如下:

A. Active Employees

第III条规定的福利应提供给下列任何员工:
1. 在《皇冠搏彩中心网站》生效当日为雇主积极工作*

*”Actively at work” includes an Employee of the Employer who was actively at work on March 26, 1981, and who returns to active work with the Employer within two weeks after the effective date of the Wage Agreement.

B. Pensioners

Health benefits and life insurance under Article III hereof shall be provided to Pensioners as follows:

(3) Any person who

(a) 根据1974年养恤金计划领取养恤金，

(b) 以前没有作为本计划的领取退休金者受到保障，以及

(c) 在6月7日后受雇于雇主的机密工作, 1981, shall, upon subsequent retirement, be covered as a Pensioner under this Plan only if such person is credited with at least three or more years of service under the 1974 Pension Plan subsequent to the most recent date of employment in a classified job with the Employer.

雇主福利计划第III条B、(1)(a)、(2)(a)和(B)条规定:

Article III – Benefits

B. 人寿及意外死亡及伤残保险

(1) Active Employees

公司将为员工提供人身、意外死亡和伤残保险, as described in Article II, Section A and C (3), 按照以下时间表:
(a) 雇员因暴力以外的原因死亡, external and accidental means, life insurance in the beneficiary.

(2) Pensioners

Upon the death of a Pensioner, as described in Article II, section B, life insurance shall be paid in a lump sum to the Pensioner’s named beneficiary in the following amounts:

(a) 如果该养恤金领取者在死亡时有受扶养人，则赔偿2 500美元

(b) 如果该养恤金领取者在死亡时没有受扶养人，则赔偿2 000美元

Article I. 1974年联合职工大会养恤金计划第(2)、(3)和(4)款规定:

A. Definitions

2. “雇主”指签署工资协议的雇主, or, with respect to prior periods, 烟煤工资协议的签署人当时还有效吗,.

3. “Participant” means any person who is employed in a classified job for an Employer after the effective date and any person entitled to receive pension benefits under the plan; provided however, that any person who is not employed in a classified job for an Employer on the effective date shall not become a participant until such person completes at least 1,在生效日期后的12个月期间内，提供000小时的信用服务, 除非该人受第II (F)(3)条规定的约束.

4. “养老金领取者”系指根据本计划第二条领取养老金的任何人.

Article II. A. of the UMWA 1974 Pension Plan provides:

A. AGE 55 RETIREMENT

Any participant who (a) has at least 10 years of signatory service or ar least twenty years of credited service, 包括第IV (C)(6)条规定的签字人送达金额。, and (b) has attained the age 55 years (but not the age of 62) prior to retirement shall be eligible to retire on or after June 7, 1981, 并在退休时(以下简称“55岁退休”)有资格领取养老金.

1974年全民养老皇冠搏彩中心网站养恤金计划第三C(1)和(2)条规定:

C. 退休金申请及退休金的生效、暂停及终止
养恤金的支付应遵守下列规定:

(1) The first payment on any pension shall be made as soon as possible after an application for pension has been received and shall be for the month following the month in which the Participant retires (Article I B) and becomes eligible for a pension in accordance with Article II; provided, however, 根据第三条第(a)款第(5)款延期领取退休金的情况, such payment shall be for the later of (a) the month specified by the Participant in his application for pension if such month is subsequent to the month in which such Participant attains age 55, 或(b)收到退休金申请的月份, 但不得迟于该参与者年满52岁当月的下一个月,

(2) 最后一次给付以领取退休金者死亡当月为限.

Section 401(a)(14)of the Internal Revenue Code requires that a plan provide that payment of benefits must commence no later than a specified date. Regulations interpreting this provision permit a plan to satisfy the commencement of benefits requirement by paying benefits retroactive to the plan’s benefit commencement date, 26 C.F.R. S 1.401(a)-14(d).

Discussion

The Employee submitted an Application for Pension from the 1974 Pension Plan on July 29, 1982. 他最后一次服役是在5月20日, 1982 through June 20, 1982, 在此期间，他领取了疾病和意外福利金. The Election of Pension Effective Date form submitted by the Employee shows that he elected his pension to commence July 1, 1982,

Article III C.(1) of the 1974 Pension Plan Provides that the first payment of any pension shall be made as soon as possible after an application for pension has been received and shall be for the month following the month in which the Participant retires. Recognizing that in some cases it is administratively impossible to begin actual payments of benefits upon the required commencement date, 美国国税局规定，追溯付款应在合理的时间内进行. Accordingly, a pensioner who receives such a retroactive payment is considered to have been receiving a pension in accordance with the requirements that benefit payments begin by a specified date.

因为死者选择在七月一日开始领取退休金, 1982, 并且由于投诉人收到了自该日起应支付的追溯养老金福利, the deceased was “receiving a pension” and therefore a pensioner under the Employer’s Benefit Plan and the UMWA 1974 Pension Plan at the time of his death.

Opinion of the Trustees

受托人认为投诉人有权获得2美元,领取养恤金者死亡时应支付的人寿保险赔偿金500元.