The UMWA Health and Retirement Funds (Funds) provides pension and health benefits to coal miners based on the eligibility requirements under XX条 of the National Bituminous Coal Wage Agreement (Wage Agreement). The Wage Agreement is a contract negotiated by the United Mine Workers of America International Union (UMWA) and the Bituminous Coal Operators’ Association (BCOA). The Trustees of the Funds do not participate in the contract negotiations; the Trustees’ function is to administer XX条 of the contract signed by the UMWA and the BCOA.
Coal industry employers who sign a Wage Agreement are required to provide health benefits coverage to their employees and eligible pensioners based on the terms of the Wage Agreement’s Employer Benefit Plan. XX条, 部分(e) of the Wage Agreement states that disputes arising under this agreement with regard to the Employer benefit plan shall be referred to the Trustees. . . . 如果受托人决定该争议, 受托人的决定为最终决定，对双方均有约束力. 因此, a Resolution of Dispute (ROD) is a request to the Trustees of the Funds to review and issue an opinion as to whether an employer has appropriately administered benefits under the terms of the employer’s benefit plan. 相应的, the purpose of the ROD procedure is to assure that benefits provided by coal employers are consistent with each other and follow the practices of the Funds. Furthermore, when reviewing a dispute, prior ROD opinions are used by the Trustees as precedent.
RODs were first reviewed under the Wage Agreement of 1978 pursuant to Article IX of the 1950 Benefit Plan and Trust and under the authority of an exemption granted by the U.S. 劳工部. 所有后续工资协议- 1981年, 1984, 1988, 1993, 1998, 2002, 2007, 2011 -解决受托人根据第20条审查rod的管辖权问题, 部分(e). The health benefit plans administered by signatory coal employers (the Employer Benefit Plan) and the health benefit plans administered by the Funds (the UMWA Combined Benefit Plan, UMWA 1992年福利计划, 1993年妇女事务部福利计划, 和UMWA预付福利皇冠搏彩中心网站)是类似的计划.
在1978年, 1981, 1984年和1988年工资协议, the Trustees reviewed disputes submitted by an employee or pensioner whose employer was signatory to the standard Wage Agreement. 从1993年的工资协议开始, the Trustees have jurisdiction to review disputes concerning employers who are members of the UMWA-BCOA ROD Trust. 除了, the Trustees also review disputes concerning pensioners who are receiving coverage from their last employer under the Coal Industry Retiree Health Benefit Act of 1992 (Coal Act).
在当前的ROD格式之前, 哪一个。, 如上所述, 是根据一九七八年的《皇冠搏彩中心》成立的, 受托人讨论了有关养恤皇冠搏彩中心网站政策的问题, 程序和福利计划的问答(Q)&一)格式. The Trustees’ authority to determine questions of coverage and eligibility arising under the pension and health benefit plans they administer is addressed within each plan.
Article II -Eligibility – of the Coal Act Employer Benefit Plan provides that “the persons eligible to receive the health benefits pursuant to Article III [of the Coal Act Employer Benefit Plan] are those individuals who are entitled to receive such benefits under section 9711 of the Internal Revenue Code, 须符合雇主计划于2月1日生效的资格规定, 1993, 以及本计划的所有其他条款.1993年2月1日生效的雇主福利计划是1988年雇主福利计划.
The Trustees will review disputes involving employees or pensioners and their surviving spouses, 向UMWA-BCOA ROD信托皇冠搏彩中心网站捐款的雇主名单. 查看UMWA-BCOA ROD信托皇冠搏彩中心网站的捐助者名单 点击这里. UMWA-BCOA ROD Trust雇主也可以提交ROD. The Trustees will also review disputes concerning pensioners and their surviving spouses who are eligible to receive coverage from their last employer under the Coal Act. 《官方网站》的雇主也可以提交ROD. 在一般情况下, 养老金生效日期为10月1日的领取者, 1994, 或更早的情况都可能受到《官方网站》的保护.
To File a ROD, the employee or pensioner should contact his or her local UMWA representative (点击这里查看UMWA办公室的列表). 接下来，UMWA代表将向皇冠搏彩中心网站发送ROD. 的资金’ Manager of Conflict Resolution will contact either the representative or the complainant to determine whether the complainant has, 根据需要, 首先向煤炭公司的计划管理人提出了争议. 如果计划管理员审查了争议，但问题尚未解决, 然后，受托人将进行审查. 在受托人审查争议并作出决定后, 投诉人和被投诉人收到裁决书副本. XX条, Section(e)(5) of the Wage Agreement states that “受托人的决定为最终决定，对双方均有约束力.”
The Board of Trustees for 1993年妇女事务部福利计划 currently reviews disputes under the Wage Agreements. The Board of Trustees for UMWA 1992年福利计划 currently reviews disputes under the Coal Act. Each board is comprised of four Trustees: two representing the UMWA and two representing the BCOA. 如果受托人在ROD上死锁，则将ROD发送给仲裁员.
XX条, 《皇冠搏彩中心》第(e)(5)条规定, “such dispute shall be referred to a permanent three-member arbitration panel selected by mutual agreement of the UMWA and the BCOA and maintained by the Trustees. A dispute referred in this manner shall be decided by one member of the arbitration panel, 在旋转的基础上决定的, 谁的决定是最终的并对双方有约束力. Precedent under the resolution of disputes mechanism previously in place shall remain in effect, and the panel shall be required to cooperate to assure the consistent interpretation of provisions under the Employer Plans under this Article.”
每个ROD的意见都有一个数字. Most ROD opinions have a prefix 哪一个。 indicates the Wage Agreement under 哪一个。 they were decided. 例如, ROD 84-390 indicates that the ROD was decided under the 1984 Wage Agreement while ROD 88-042 was decided under the 1988 Wage Agreement. The exceptions are the following: RODs under the 1978 Agreement do not have a prefix; therefore, ROD 227表明ROD是根据1978年的工资协议决定的. 另一个例外是根据《官方网站》决定的燃料棒. A ROD with the prefix “CA”–for example, CA-020–indicates that the ROD was decided under the Coal Act. Q&以“81”为前缀的A(有关定义，请参阅ROD历史)表示健康问题. 所有其他Q&A的地址资格问题.
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