2012 US Code
Title 26 - Internal Revenue Code
Subtitle J - Coal Industry Health Benefits (§§ 9701 - 9722)
Chapter 99 - COAL INDUSTRY HEALTH BENEFITS (§§ 9701 - 9722)
Subchapter B - Combined Benefit Fund (§§ 9702 - 9708)
Part I - ESTABLISHMENT AND BENEFITS (§§ 9702 - 9703)
Section 9702 - Establishment of the United Mine Workers of America Combined Benefit Fund
Publication Title | United States Code, 2012 Edition, Title 26 - INTERNAL REVENUE CODE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 26 - INTERNAL REVENUE CODE Subtitle J - Coal Industry Health Benefits CHAPTER 99 - COAL INDUSTRY HEALTH BENEFITS Subchapter B - Combined Benefit Fund PART I - ESTABLISHMENT AND BENEFITS Sec. 9702 - Establishment of the United Mine Workers of America Combined Benefit Fund |
Contains | section 9702 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Added Pub. L. 102-486, title XIX, §19143(a), Oct. 24, 1992, 106 Stat. 3040; amended Pub. L. 109-432, div. C, title II, §213(a), Dec. 20, 2006, 120 Stat. 3027. |
Statutes at Large References | 106 Stat. 3040 120 Stat. 3027 |
Public Law References | Public Law 102-486, Public Law 109-432 |
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As soon as practicable (but not later than 60 days) after the enactment date, the persons described in subsection (b) shall designate the individuals to serve as trustees. Such trustees shall create a new private plan to be known as the United Mine Workers of America Combined Benefit Fund.
(2) Merger of retiree benefit plansAs of February 1, 1993, the settlors of the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan shall cause such plans to be merged into the Combined Fund, and such merger shall not be treated as an employer withdrawal for purposes of any 1988 coal wage agreement.
(3) Treatment of planThe Combined Fund shall be—
(A) a plan described in section 302(c)(5) of the Labor Management Relations Act, 1947 (29 U.S.C. 186(c)(5)),
(B) an employee welfare benefit plan within the meaning of section 3(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)), and
(C) a multiemployer plan within the meaning of section 3(37) of such Act (29 U.S.C. 1002(37)).
(4) Tax treatmentFor purposes of this title, the Combined Fund and any related trust shall be treated as an organization exempt from tax under section 501(a).
(b) Board of trustees (1) In generalFor purposes of subsection (a), the board of trustees for the Combined Fund shall be appointed as follows—
(A) 2 individuals who represent employers in the coal mining industry shall be designated by the BCOA;
(B) 2 individuals designated by the United Mine Workers of America; and
(C) 3 individuals selected by the individuals appointed under subparagraphs (A) and (B).
(2) Successor trusteesAny successor trustee shall be appointed in the same manner as the trustee being succeeded. The plan establishing the Combined Fund shall provide for the removal of trustees.
(3) Special ruleIf the BCOA ceases to exist, any trustee or successor under paragraph (1)(A) shall be designated by the 3 employers who were members of the BCOA on the enactment date and who have been assigned the greatest number of eligible beneficiaries under section 9706.
(c) Plan yearThe first plan year of the Combined Fund shall begin February 1, 1993, and end September 30, 1993. Each succeeding plan year shall begin on October 1 of each calendar year.
(Added Pub. L. 102–486, title XIX, §19143(a), Oct. 24, 1992, 106 Stat. 3040; amended Pub. L. 109–432, div. C, title II, §213(a), Dec. 20, 2006, 120 Stat. 3027.)
Amendments2006—Subsec. (b). Pub. L. 109–432 reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text contained provisions which related to: in par. (1), appointment of one trustee by the BCOA, one by the three employers having the greatest number of eligible beneficiaries under section 9706, two by the United Mine Workers of America, and three by the persons otherwise appointed; in par. (2), successor trustees and removal of trustees; and in par. (3), special rules relating to designation of trustees or successor trustees if the BCOA should cease to exist and designation of the initial trustee.
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