March 17, 1980
(Opinion issued in letter form; name and address deleted)
Re: Resolution of Disputes
Case No. 66
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 the prescription limitation provision of the vision care benefit under the Employer’s benefit plan.
According to Article III, Section C(2) of the Employer Plan, “lenses will not be covered unless the new prescription differs from the most recent one by … .50 diopter sphere or cylinder change”. The determination of the .50 diopter change must be made by either a .50 diopter change occurring in the sphere measurement or in the cylinder measurement. Therefore, the .50 diopter change cannot be determined by totalling the sphere and cylinder measurements together.
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