Title 26 — Internal Revenue Code
Part I · Chapter 99 — Coal Industry Health Benefits
§ 9702. Establishment of the United Mine Workers of America Combined Benefit Fund
Statutory text
Establishment
In general
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.
Merger of retiree benefit plans
As of , 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.
Treatment of plan
The Combined Fund shall be—
a plan described in section 302(c)(5) of the Labor Management Relations Act, 1947 (29 U.S.C. 186(c)(5)),
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
a multiemployer plan within the meaning of section 3(37) of such Act (29 U.S.C. 1002(37)).
Tax treatment
For purposes of this title, the Combined Fund and any related trust shall be treated as an organization exempt from tax under section 501(a).
Board of trustees
In general
For purposes of subsection (a), the board of trustees for the Combined Fund shall be appointed as follows—
2 individuals who represent employers in the coal mining industry shall be designated by the BCOA;
2 individuals designated by the United Mine Workers of America; and
3 individuals selected by the individuals appointed under subparagraphs (A) and (B).
Successor trustees
Any 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.
Special rule
If 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.
Plan year
The first plan year of the Combined Fund shall begin , and end . Each succeeding plan year shall begin on October 1 of each calendar year.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Coal Industry Retiree Health Benefit Act of 1992
Pub. L. 102–486 title XIX § 19143(a) · 106 Stat. 2776
Enacted · 26 U.S.C. § 9702
Added Pub. L. 102–486, title XIX, § 19143(a), Oct. 24, 1992, 106 Stat. 3040
Source evidence
Code source credit
Added Pub. L. 102–486, title XIX, § 19143(a), Oct. 24, 1992, 106 Stat. 3040Enacted provision · exact public law section
(A) Section 401(c) of such Act (30 U.S.C. 1231(c)) is amended by striking “and” at the end of paragraph (11), by redesignating paragraph (12) as paragraph (13), and by adding after paragraph (11) the following new paragraph: “(12) for the purpose described in section 402(h); and”.Surface Mining Control and Reclamation Act Amendments of 2006
Pub. L. 109–432 div. C title II § 213(a) · 120 Stat. 2922
Amended · 26 U.S.C. § 9702(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(a) Board of Trustees.— Section 9702(b) of the Internal Revenue Code of 1986 26 USC 9702. (relating to board of trustees of the Combined Fund) is amended to read as follows: “(b) Board of Trustees.— “(1) In general.— For 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 trustees.— Any 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 rule.— If 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.” .
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2006—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.
Credits
1992–2006 · 2 acts
- 1992Added Pub. L. 102–486, title XIX, § 19143(a), , 106 Stat. 3040
- 2006amended Pub. L. 109–432, div. C, title II, § 213(a), , 120 Stat. 3027.
Show as published
(Added Pub. L. 102–486, title XIX, § 19143(a), , 106 Stat. 3040; amended Pub. L. 109–432, div. C, title II, § 213(a), , 120 Stat. 3027.)