July 27, 1982
(Opinion issued in letter form; name and address deleted)
Re: Opinion of Trustees
Resolution of Dispute
Case No. 81-21
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 your Request for Advisory Opinion concerning benefits for Metamucil under your Employer’s Benefit Plan, as amended June 7, 1981.
Under Article III. A. 4 (a) of the Employer’s Benefit Plan, as amended June 7, 1981, and Q&A #81-1, benefits are only provided for drugs which, by Federal or State law, require a prescription. Because Metamucil is not a prescription drug (does not require a prescription under Federal or State law), your Employer is not responsible for payment of charges for Metamucil.
Sincerely,
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Harrison Combs, Chairman
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John J. O’Connell, Trustee
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Paul R. Dean, Trustee