Penn Allegh Coal Co v. Holland, Michael H.

                  United States Court of Appeals

               FOR THE DISTRICT OF COLUMBIA CIRCUIT

        Argued April 26, 1999     Decided August 20, 1999 

                           No. 98-7161

                 Penn Allegh Coal Company, Inc., 
                             Appellee

                                v.

      Michael H. Holland, Marty D. Hudson, Elliot A. Segal 
             and A. Frank Dunham, as Trustees of the 
                     UMWA 1992 Benefit Plan, 
                            Appellants

          Appeal from the United States District Court 
                  for the District of Columbia 
                         (No. 97cv00121)

     Peter Buscemi, with whom Paul A. Green and David W. 
Allen were on the briefs, argued the cause for appellants.

     E. Preston Rutledge, with whom John R. Woodrum was on 
the brief, argued the cause for appellee.

     Before Edwards, Chief Judge, Rogers, Circuit Judge, and 
Buckley, Senior Circuit Judge.

     Opinion for the court filed by Senior Judge Buckley.

     Buckley, Senior Judge:  The trustees of a health benefit 
plan created by the Coal Industry Retiree Health Benefit Act 
of 1992 claim that Penn Allegh Coal Company is obliged to 
pay premiums to the plan because it is responsible, under 
section 9711(b) of the Act as codified, 26 U.S.C. s 9711(b) 
(1994), for the continuing payment of the health benefits due 
a former employee under an earlier industry-wide labor 
agreement.  Penn Allegh denies liability on the grounds that 
the former employee, who was a disability pensioner, had not 
met the "age and service requirements" necessary to qualify 
for benefits under section 9711(b) and that he had not "re-
tired from the coal industry" by September 30, 1994, as 
required by the section.  The district court granted summary 
judgment in favor of Penn Allegh based on the first ground 
and therefore did not reach the second.

     Because we conclude that Congress intended to ensure the 
continued payment of the health benefits due all coal industry 
retirees covered by the Act, including those of disability 
pensioners, we hold that section 9711(b) must be construed to 
cover any pensioner who qualified for disability retirement on 
or before the statutory cut-off date of February 1, 1993, and 
retired from the coal industry on or before September 30, 
1994.  Accordingly, we reverse and remand the case so that 
the district court may consider Penn Allegh's remaining claim 
that the employee failed to retire by the September deadline.

                          I. Background

A.   The Coal Act

     For a number of years, the employees of the members of 
the Bituminous Coal Operators' Association ("Association") 
were covered by health benefit plans established pursuant to 
collective bargaining agreements between the Association and 
the United Mine Workers of America ("UMWA").  In the 
1980's, these plans began to suffer financial difficulties be-

cause a growing number of those members ("signatory opera-
tors") went out of business, withdrew from the agreements, 
or otherwise defaulted on their obligations to the plans estab-
lished for the benefit of employees.  Because of these and 
other developments, the various plans began to experience 
deficits that reached a level of approximately $110 million by 
1990.  See Eastern Enterprises v. Apfel, 524 U.S. __, 118 
S. Ct. 2131, 2140 (1998).

     In March 1990, then-Secretary of Labor Elizabeth Dole 
appointed an Advisory Commission on United Mine Workers 
of America Retiree Health Benefits ("Coal Commission"), 
which she tasked with developing a "solution for assuring that 
orphan retirees in the [various benefit trusts] will continue to 
receive promised medical care."  The Secretary of Labor's 
Advisory Comm'n on United Mine Workers of America Retir-
ee Health Benefits, Coal Comm'n Report 2 (1990), reprinted 
in Joint Appendix ("J.A.") at 95.  Later that year the Com-
mission issued a report in which it noted that "coal miners 
have been promised and guaranteed health care benefits for 
life."  Coal Comm'n Report, Executive Summary at vii, re-
printed in J.A. at 86.  It then submitted two alternative 
statutory proposals for ensuring that these promises would be 
kept.  Id. at viii, reprinted in J.A. at 87.

     After conducting hearings on the report, in which it was 
advised that more than 120,000 retirees might not receive the 
benefits promised to them through the collective bargaining 
process, Congress acted on the Commission's recommenda-
tions and passed the Coal Industry Retiree Health Benefit 
Act of 1992, Pub. L. No. 102-486, 106 Stat. 3036 (codified at 
26 U.S.C. ss 9701-22 (1994)) ("Coal Act" or "Act").  Eastern 
Enters., 118 S. Ct. at 2141-42.  An explicit purpose of the Act 
was "to provide for the continuation of a privately financed 
self-sufficient program for the delivery of health care benefits 
to the beneficiaries of [multi-employer benefit] plans."  Coal 
Act, Pub. L. No. 102-486, s 19142(b)(3), 106 Stat. 3037 (1992) 
(codified as note following 26 U.S.C. s 9701 (1994)).

     This case is concerned with Subchapter C of the Coal Act, 
which ensures the continued payment of health benefits to 

certain retired coal mining employees through either an 
individual employer plan ("IEP") or a statutory trust fund.  
Part I of the subchapter is addressed to retired miners who 
were covered by an IEP maintained pursuant to a 1978 or 
subsequent coal wage agreement.  It requires that the last 
signatory operator to employ a retiree continue to provide 
him with health benefits under its IEP if he was either 
(a) receiving retiree health benefits as of February 1, 1993, 26 
U.S.C.  s 9711(a), or (b) "met the age and service require-
ments for eligibility to receive benefits under [the IEP]" by 
that date and had not "retired from the coal industry after 
September 30, 1994."  Id. s 9711(b)(1).

     Part II of the subchapter establishes a new statutory trust, 
the United Mine Workers of America 1992 Benefit Plan 
("1992 Plan"), id. s 9712(a), which provides health benefits to 
two categories of beneficiaries:  those who "but for the enact-
ment of [the Coal Act] would be eligible to receive benefits 
from the [1950 or 1974 UMWA Benefit Plans], based upon 
age and service earned as of February 1, 1993," id. 
s 9712(b)(2)(A);  and those "with respect to whom coverage is 
required to be provided under section 9711, but who do[ ] not 
receive such coverage from the applicable last signatory 
operator," id. s 9712(b)(2)(B).  The 1992 Plan is financed by 
the operators who were signatories to the 1988 coal wage 
agreement between the Association and the UMWA.  These 
signatory operators are required to pay both an annual 
"prefunding premium" for all eligible and potentially eligible 
beneficiaries of the Plan attributable to them and a monthly 
"per beneficiary" premium for each beneficiary attributable to 
them who is actually receiving benefits under the Plan.  Id. 
s 9712(d)(1)(A), (B).

B.   Factual Background

     Penn Allegh Coal Company, Inc. ("Penn Allegh" or "com-
pany") was a signatory to the 1988 coal wage agreement.  
That agreement provided that in order to qualify for health 
benefits as a disabled pensioner, an employee must be eligible 
for Social Security Disability Insurance benefits.  In August 
1992, Richard J. Ferrari, a Penn Allegh employee who had 

been injured in a mine accident, applied for disability benefits 
with the Social Security Administration.  More than two 
years later, on December 8, 1994, that Administration deter-
mined that Mr. Ferrari was indeed disabled and that Decem-
ber 20, 1990, was the effective date of his disability.

     On January 12, 1995, Mr. Ferrari applied for a disability 
pension, which was granted and dated retroactively to July 1, 
1992, the day after he left active employee status.  Mr. 
Ferrari then applied to Penn Allegh for health benefits under 
its IEP.  The company determined that he was not eligible to 
receive them on the ground that he had not applied for his 
pension, and thereby "retired," by September 30, 1994, as 
required by section 9711(b).  Mr. Ferrari thereafter sought 
and received benefits from the 1992 Plan pursuant to sections 
9711(b) and 9712(b)(2)(B) of the Act.

     In April 1996, the Trustees of the 1992 Plan ("Trustees") 
informed Penn Allegh that Mr. Ferrari had been enrolled in 
and received benefits from the Plan retroactive to Febru- 
ary 1, 1993, and demanded that the company pay per benefi-
ciary premiums on his behalf.  Penn Allegh disagreed with 
the Trustees' conclusion that Mr. Ferrari was eligible for 
coverage under Penn Allegh's IEP and the 1992 Plan and 
filed this action in district court.  In its complaint, the 
company alleged that the Trustees had no authority, under 
section 9712(b)(2), to enroll Mr. Ferrari because he had not 
retired by September 30, 1994, as required by section 9711(b), 
and sought a declaration that it had no obligation to pay 
premiums on his behalf.  The Trustees responded with a 
counterclaim in which they asked the court to declare that 
Penn Allegh had a duty, under section 9711, to provide 
benefits directly to Mr. Ferrari and, under section 9712, to 
pay prefunding and per beneficiary premiums to the 1992 
Plan.

     The parties filed cross motions for summary judgment that 
addressed two issues:  (1) whether, in order to qualify for 
benefits under section 9711(b), a disabled coal industry retir-
ee had to be eligible for an "age and service" pension as of 
February 1, 1993;  and (2) whether Mr. Ferrari was ineligible 
for such benefits because he did not "retire" from the coal 

industry, within the meaning of the Act, on or before Septem-
ber 30, 1994.  The district court granted summary judgment 
in favor of Penn Allegh on the first issue and therefore did 
not reach the second.  It concluded that because section 
9711(b) specified that a retiree must meet "age and service 
requirements" in order to qualify for IEP coverage, it applied 
only to individuals who qualified for a pension by virtue of age 
and length of service, and not as a consequence of an injury.  
Accordingly, the court also held that Mr. Ferrari was not 
eligible for benefits from the 1992 Plan because section 
9712(b) "bases eligibility on age and service or on entitlement 
to coverage under s 9711."  Penn Allegh Coal Co. v. Holland, 
No. 97-0121, at 9-10 (D.D.C. July 22, 1998).

                          II. Discussion

     Section 9711(b) of the Coal Act assures continued health 
benefits coverage under an IEP for any individual who has 
retired from the coal industry on or before September 30, 
1994, and

     who, as of February 1, 1993, is not receiving retiree 
     health benefits under the individual employer plan main-
     tained by the last signatory operator pursuant to a 1978 
     or subsequent coal wage agreement, but has met the age 
     and service requirements for eligibility to receive bene-
     fits under such plan as of such date....  
     
26 U.S.C. s 9711(b)(1) (emphasis added).

     The controversy in this case centers on the meaning to be 
given to the italicized language.  The Trustees maintain that 
the age and service requirements cannot be read to disqualify 
disability pensioners under section 9711(b) for three reasons.  
First, they point out that the section speaks of the "age and 
service requirements for eligibility to receive benefits";  it 
does not state that the section applies only to miners who 
have met the age and service requirements for retirement.  
Second, because section 9711(a) applies to all pensioners, 
including those retired because of disability, Penn Allegh's 
construction would lead to the absurd result of treating 
differently two miners injured in the same accident merely 

because the Social Security paperwork for one of them was 
completed before February 1993 while that for the other took 
a month or so longer.  Finally, they maintain that Penn 
Allegh's construction would frustrate the purpose of the Act, 
which is to ensure that all retirees continue to receive the 
health benefits they had bargained for.  For these reasons, 
the Trustees insist that the language of section 9711(b) must 
be interpreted to require no more than that an individual 
meet whatever age and service requirements are applicable to 
the kind of pension he is qualified to receive.

     For its part, Penn Allegh insists that section 9711(b) unam-
biguously applies to only one category of retiree, namely 
those who qualify for pensions by virtue of age and length of 
service;  and it advances two arguments in support of that 
position.  It asserts, first, that the inclusion of the "age and 
service" provision necessarily distinguishes the scope of sec-
tion 9711(b) from the broader coverage afforded by section 
9711(a), which covers disability as well as age and length of 
service pensioners.  In its view, any other interpretation 
would make the age and service requirement surplusage.  
Second, the company points to section 9712(b)(2)(A), which 
includes, as beneficiaries of the 1992 Plan, individuals who 
would have been eligible, under plans superseded by the Coal 
Act, for benefits "based upon age and service earned as of 
February 1, 1993[.]"  It insists that the use of virtually 
identical language in the two sections confirms that Congress 
intended to limit the application of section 9711(b) to miners 
who satisfied the age and service requirement for retirement 
by February 1, 1993.

     The plausibility of these competing interpretations under-
scores the ambiguity of the statute we are asked to apply.  In 
such instances, it becomes necessary for a court to look to 
"the intent of Congress as revealed in the history and pur-
poses of the statutory scheme."  Adams Fruit Co. v. Barrett, 
494 U.S. 638, 642 (1990);  Tataranowicz v. Sullivan, 959 F.2d 
268, 276 (D.C. Cir. 1992) ("[C]ongressional intent can be 
understood only in light of the context in which Congress 
enacted a statute and of the policies underlying its enact-
ment.").

     The history and purposes of the Coal Act, as summarized 
on pages 2-5 above, persuade us that the Trustees have the 
better part of the statutory argument.  As the Fourth Circuit 
observed in a recent case presenting the identical question 
concerning the scope of section 9711(b),

          [t]he historical background leading to the enactment of 
     the Coal Act makes clear that Congress intended to 
     provide coal industry retirees with the lifetime benefits 
     they had been promised.  Since coal workers had been 
     promised health benefits in the event of their retirement, 
     whether that retirement resulted from a disability or was 
     based solely on their satisfaction of age and service 
     requirements, we conclude that Congress intended that 
     coal industry workers who retired as a result of a disabil-
     ity would be eligible for benefits under s 9711(b)(1) and 
     s 9712(b)(2).
     
Holland v. Big River Minerals Corp., No. 98-2353, 1999 WL 
417472, *5 (4th Cir. June 23, 1999).

     Because the promises the Coal Act was intended to apply 
equally to all classes of pensioners, we hold that to qualify for 
benefits under section 9711(b), a disability retiree need only 
satisfy whatever requirements entitle him to receive a pen-
sion by February 1, 1993, provided he has retired from the 
coal industry on or before September 30, 1994.  In so ruling, 
we express no opinion as to how the age and service require-
ments of section 9712(b)(2)(A) are to be applied because that 
section is not involved in this case.  If Mr. Ferrari qualifies 
for health benefits under section 9711(b), he is eligible for 
enrollment in the 1992 Plan pursuant to section 9712(b)(2)(B);  
and, of course, Penn Allegh is responsible, in turn, for premi-
um payments to the Plan as required by section 9712(d).

     At this point, however, we cannot conclude that Penn 
Allegh was obligated to cover Mr. Ferrari under its IEP or to 
pay premiums to the 1992 Plan on his account because in its 
motion for summary judgment, Penn Allegh raised an alter-
native argument that Mr. Ferrari had not "retired," within 
the meaning of section 9711(b), by September 30, 1994, and 
therefore was not eligible for benefits under section 9711(b).  

We do not address that issue because the district court did 
not reach it.  See Singleton v. Wulff, 428 U.S. 106, 120 (1976) 
("It is the general rule ... that a federal appellate court does 
not consider an issue not passed upon below.")  We therefore 
leave it for the district court to address on remand.

                         III. Conclusion

     In light of the foregoing, we set aside the district court's 
grant of summary judgment in favor of Penn Allegh and 
remand the case so that the court may consider the compa-
ny's argument that Mr. Ferrari had not retired from the coal 
industry, within the meaning of the Coal Act, by Septem-  
ber 30, 1994, and was therefore not eligible for benefits under 
Penn Allegh's IEP or the 1992 Plan.

                                                      So ordered.