January 25, 1983
(Opinion issued in letter form; name and address deleted)
Re: Opinion of Trustees
Resolution of Dispute
Case No. 81-15
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 a question concerning the 24-month limitation provision of the Vision Care Benefit under the Employer’s Benefit Plan.
Under the Vision Care Program of the Employer’s Benefit Plan Article III. A. (9) (a) provides benefits for examinations, lenses, and frames once every 24 months. On October 17, 1980, benefits were provided for a vision examination, lenses and frames for your dependent under the terms of the Employer’s Benefit Plan in effect from March 27, 1978 through June 7, 1981. On June 7, 1981, a new Employer Benefit Plan was initiated to be effective through September 30, 1984. On July 23, 1981, your dependent received an examination, lenses and frames. Your Employer only provided benefits for frames received on July 23, 1981, because the 24-month limitation had not been met for the examination and lenses. Because the 24-month limitation had not been met your Employer is not responsible for the provision of benefits for your dependent’s July 23, 1981 examination and lenses.
Sincerely,
Harrison Combs, Chairman
John J. O’Connell, Trustee
Paul R. Dean, Trustee