26 USC 9701 - Definitions of general applicability

U.S Code last checked for updates: May 02, 2024

§ 9701.

Definitions of general applicability

(a)

Plans and funds

For purposes of this chapter—

(1)

UMWA Benefit Plan

(A)

In general

The term “UMWA Benefit Plan” means a plan—

(i)

which is described in section 404(c), or a continuation thereof; and

(ii)

which provides health benefits to retirees and beneficiaries of the industry which maintained the 1950 UMWA Pension Plan.

(B)

1950 UMWA Benefit Plan

(C)

1974 UMWA Benefit Plan

(2)

1950 UMWA Pension Plan

(3)

1974 UMWA Pension Plan

(4)

1992 UMWA Benefit Plan

(5)

Combined Fund

(b)

Agreements

For purposes of this section—

(1)

Coal wage agreement

The term “coal wage agreement” means—

(A)

the National Bituminous Coal Wage Agreement, or

(B)

any other agreement entered into between an employer in the coal industry and the United Mine Workers of America that required or requires one or both of the following:

(i)

the provision of health benefits to retirees of such employer, eligibility for which is based on years of service credited under a plan established by the settlors and described in section 404(c) or a continuation of such plan; or

(ii)

contributions to the 1950 UMWA Benefit Plan or the 1974 UMWA Benefit Plan, or any predecessor thereof.

(2)

Settlors

(3)

National Bituminous Coal Wage Agreement

(c)

Terms relating to operators

For purposes of this section—

(1)

Signatory operator

(2)

Related persons

(A)

In general

A person shall be considered to be a related person to a signatory operator if that person is—

(i)

a member of the controlled group of corporations (within the meaning of section 52(a)) which includes such signatory operator;

(ii)

a trade or business which is under common control (as determined under section 52(b)) with such signatory operator; or

(iii)

any other person who is identified as having a partnership interest or joint venture with a signatory operator in a business within the coal industry, but only if such business employed eligible beneficiaries, except that this clause shall not apply to a person whose only interest is as a limited partner.

A related person shall also include a successor in interest of any person described in clause (i), (ii), or (iii).

(B)

Time for determination

(3)

1988 agreement operator

The term “1988 agreement operator” means—

(A)

a signatory operator which was a signatory to the 1988 National Bituminous Coal Wage Agreement,

(B)

an employer in the coal industry which was a signatory to an agreement containing pension and health care contribution and benefit provisions which are the same as those contained in the 1988 National Bituminous Coal Wage Agreement, or

(C)

an employer from which contributions were actually received after 1987 and before July 20, 1992, by the 1950 UMWA Benefit Plan or the 1974 UMWA Benefit Plan in connection with employment in the coal industry during the period covered by the 1988 National Bituminous Coal Wage Agreement.

(4)

Last signatory operator

(5)

Assigned operator

(6)

Operators of dependent beneficiaries

(7)

Business

(8)

Successor in interest

(A)

Safe harbor

The term “successor in interest” shall not include any person who—

(i)

is an unrelated person to an eligible seller described in subparagraph (C); and

(ii)

purchases for fair market value assets, or all of the stock, of a related person to such seller, in a bona fide, arm’s-length sale.

(B)

Unrelated person

(C)

Eligible seller

(d)

Enactment date

(Added Pub. L. 102–486, title XIX, § 19143(a), Oct. 24, 1992, 106 Stat. 3037; amended Pub. L. 109–432, div. C, title II, § 211(d), Dec. 20, 2006, 120 Stat. 3023; Pub. L. 115–141, div. U, title IV, § 401(a)(343), Mar. 23, 2018, 132 Stat. 1200.)

cite as: 26 USC 9701