March 17, 1980
(Opinion issued in letter form; name and address deleted)
RE: Opinion of Trustees
Resolution of Disputes
Case No. 77
Pursuant to Article IX of the UMWA 1950 Benefit Plan and Trust, and under the authority of an exemption granted by the U.S. Department of Labor, the Trustees have received a question concerning health benefit coverage for a laid off Employee who accepts temporary employment with the UMWA. Their opinion is issued in Question and Answer form as follows:
Subject: HEALTH BENEFITS; Temporary UMWA Employment, laid off Employee
Reference: Employer Benefit Plan, Article III E(4)(c) 1
Question: If an Employee, eligible for health benefit coverage as a laid off employee, accepts temporary employment with the UMWA, what effect will such employment have on his eligibility for coverage under the Employer’s Benefit Plan?
Answer: If the laid off Employee is granted an approved leave of absence for the purpose of accepting temporary employment with the UMWA, his benefit coverage will continue for a period not to exceed 120 calendar days within any 12-month period.
If a leave of absence is not granted, the laid off Employee’s coverage will terminate as of the date the Employee accepts such temporary employment.