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to contract or plan under which the terms of retirement are <br />defined by CFiI. <br />The post-Petition Black Lung senetit Bansficiariu who are <br />or were members of the Znternationsl Onion, united I1ine iiorkers <br />of America (the *UMWA") may be quslilisd to receive or aay be <br />receiving pension benefits pursuant to the DISWA 1950 Pension Plsn <br />and Trust or UMWA 1974 Pension Plan and Trust which are industry- <br />wide plans and trusts in which all coal mine operators or miners <br />participate. Breen Affidavit s 5. However, all UMWA members are <br />potentially eligible to receive pension or non-pension benefits <br />under the UMWA plans from the UMWA Trusts; they need not have <br />been employed by CFiI at all or for any minimum number o! years <br />to receive pension or non-pension benefits under the UMWA Plans <br />from the UMWA Trusts. Breen Affidavit 1 6. Indeed, the UMWA <br />Post-1983 Pensionerc and Surviving Dependents of the DIdWA Post- <br />1983 Pensioners could not have become eligible !or pension <br />benefits solely as a coneequence of their employment at CFiI <br />because CFiI had terminated all employment at the Allen and <br />Maxwell Hines by that time. Breen Affidavit ~ 1S. The DMWA 1950 <br />Pension Plan and the 9MWA 1974 Pension Plan dstina which D?!WA <br />members are entitled to receive passion benefits from the VMWA <br />1950 Pension Trust and the CMWA 1974 Pension Trust. CliI does <br />not define or make any daterminatioru as to eligibility ender the <br />UMwA 1950 Pension Plan or the DMWA 1974 Pension Plsn o! the <br />Former Coal Miners who are DMWA members to receive pension <br />benefits from the UMWA 1950 Pension Trust or the UMWA 1974 <br />33 <br />