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t. <br />c <br />and, certainly, "retiree benefits," however, is that th• payments <br />required to be wade to an employee under section Lila be <br />contingent on the employee being `retired.• ~, 13a Conq. Rec. H <br />3,486 (doily ed. 1iay.23, 1988)(commente of Congressman <br />Edvards)(section lila is `designed to protect the health, ].ile, <br />and disability benetitc of retirees vben companies file [nj <br />chagter 11 bankruptcy"); 134 Cong. Rec. S. 6,623 (daily ed. <br />May 26, 1988)(comments o! Senator Mettenbaum). 7- person who :ls <br />"retired" is commonly known as one who has concluded hie or her <br />occupational career for reasons of age or years of service, <br />irrespective of an illness or injury. ~g Webster's Ninth .New <br />Collegiate Dictionary at 1007 (1990). Under any definition of <br />"retired," the person is no longer employed. <br />Under the Black Lung Benefits het, Black Lung Senelits az•e <br />not awarded to a miner based on the miner's age or years in <br />service, or his or her status as a "retiree" or `retired <br />employee." Rather, as admitted by the DOL at page 4-5 of it:e <br />Memorandum in Support o! the 1lpplication, the allowance of ei <br />cinim for 81ack Lung eenelits under the 81aek Lunq 8enelits 7-ct <br />is expressly contingent on coal miners becoming `totally <br />disabled." ~ 30 D.S.C. f 901(a)(purpose o! 81ack Lung 8anef:lts <br />1-ct is "to provide benefits, in cooperation with the States, to <br />coal minerc who are totally disabled due to pneumoconiosis and to <br />10. (...continued) <br />undisputed that the executives were "retired." Rathez, the ;poi.nt <br />of contention focused on whether corporate executivec where <br />^employees." Thus, Rock Trap ie not instructive in this case. <br />30 <br /> <br />