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GENERAL34781
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Last modified
8/24/2016 7:56:05 PM
Creation date
11/23/2007 8:03:21 AM
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Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
2/11/1993
Doc Name
OBJECTION BY CF&I STEEL CORP TO APPLICATION FOR ALLOWANCE OF EXPENSES OF ADMINISTRATION DATED 01-15-
Media Type
D
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of reneging on retiree oromises.• <br />ed. Hay 26, 1988)(emphasis added). <br />134 Cong. Rec. S 6,824 (daily <br />Likewise, Senator 8eint <br />stated in support of the Bill noted that `LTV's actions made it <br />clear to the Congress just how Iraqi!` a company's 1~]:QID~ <br />of retiree health benefits could be.' 134 Cong. Rec. S 6,tt26 <br />(daily ed. Kay 23, 1986). Finally, in discussing claims of third <br />party health care administrators, Congressman Edvasds stated: <br />jS)ection 3(b) of the bill protects retirees o! self- <br />insured employers in pending bankruptcies. Under a <br />self-insured retiree benefit plan, the employer often <br />hires a third party to administer the payment of <br />benefits. Medical treatment is rendered to retirees by <br />a health care provider--ouch as a hospital--which bills <br />and collects from the third-party administrator alter <br />treatment is provided. The administrator then bills <br />the employer for the cost of the Care plus an <br />adminictrative fee. If the employer !ails to pay this <br />amount to the administrator, the adminictrator in some <br />circumstances may, depending upon the relevant <br />contractual documents, be able to reverse the claim to <br />the health care provider, which gay in turn reverse th~a <br />claim so that the retired worker ultimately gets billed <br />for it. It is our Intent that retired worker not get <br />billed for these claims. <br />[. . .] <br />The bill takes no position on whether or not a <br />legal right sxists for any administrator or health care <br />provider to zeverse charges to the retired worker. <br />Resolution to jsic] this issue should be aada by the <br />courts, and depends on the relevant. contractual <br />documents. <br />But under section ](b), i! the administrator can <br />prove to the court that it has the gQntractual right to <br />reverse a benefit paid on behalf of a particular <br />retiree, then the trustee must izmediately pay <br />the full amount owed to the administrator or health <br />care provider without waiting for confirmation of a <br />plan of reorganization. The court muct make such a <br />determination !or each such health care claim after <br />evaluating chain of contractual documents that governed <br />at the time that <br />~~j <br />
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