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survivina spouses of CF3I Pensioners. <br />55. Spouses of deceased CFiI Pensioners aay be entitled to <br />receive pension benefits under the CFiI Pension Plan. Breen <br />Affidavit q 20. <br />56. Of the 149 total Post-Petition Black Lung eanelit <br />Beneficiazies, two (2) of those individuals aze spouses of <br />deceased CFiI Pensioners that have been receiving pension <br />benefits under the CFiI Pension Plan (the "Surviving Spouses of <br />CF6I Pensioners"). Breen Affidavit q 21. A list of the <br />Surviving Spouses of CFiI Pensioners is attached as Exhibit L~ to <br />the Breen Affidavit. <br />Unknown Pensioner Status Employees or Spouses. <br />57. Of the 149 total Post-Petition Black Lunq Benefit <br />Beneficiaries, CFiI does not know the rstirement statue of <br />thirty-five (35) of those former employees or surviving spouses <br />(the "Unknown Pensioner Statue Employees or Spouses"). Breen <br />Affidavit q 22. A lict of the Unknown Pensioner Status Employees <br />or Spouses is attached as Exhibit E to the Breen Affidavit. <br />58. CFiI is certain, however, that none o! the Dnkr-own <br />Pensioner Statue Employees or Spouses are aligibl• !or or <br />receiving pension benefits under the CFiI Pension Plan. Breen <br />Affidavit q 23. <br />CFiI objects to the Application because the Post-Petition <br />Black Lung Benefits are not "retiree benefits" within the me.an:tng <br />of section 1114 (a) of the Bankruptcy Code and, therefore, they <br />20 <br /> <br />