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<br />Pension Trust. Breen Affidavit 1 12. !loreover, CFiI dues not <br />define or sake any deterainations as to eligibility of pens:[oners <br />covered under the IIlIWA 1950 Pension Plan or ibe UlIWA 1974 Pension <br />Plan to receive non-pension benstits. bean /-!lidavit Z 13., <br />Thuc, none of the 4JMWA Pensioners listed on Exhibit A to ih~. <br />Breen Affidavit, the Surviving Dependents of V!!WA Pensionerc <br />listed in Exhibit H to the Breen Affidavit, or the Unkno9n <br />Pensioner Status Employees and Spouces listed in Exhibit E 1:o the <br />Breen Affidavit are CFiI's "retired employees" and, therefore, <br />the DOL's payment o! Black Lunq Benetitc to these individualc is <br />not entitled to be treated as an administrative expense under <br />cections 503 and 1114. <br />II. <br />secured by the Seaboard Bond and the American Bond (the •.Bor~ds"). <br />Indeed, it is undisputed that undsr the Bonda, Seaboard a:nd <br />American bound themselves, jointly and severally, with CF,iI to <br />the Dnited States, for the uce or benstit of esployees o! CP'iI in <br />connection with Black Lung Senstits which attached to or~rere <br />accrued by CFiI under the Black Lunq Senelits Act in or for the <br />period during which the Bonds were in torte. Complaint and <br />Objection Zq 31e i 32bt Answer iq 7 i 8. At the hsarinq on. the <br />Debtors' Motion for Summary Judgement on January 27, 1993, the <br />34 <br />The payment of the Poct-Petition Slack Lung Benefits iEo <br />