26 USC 9706 - Assignment of eligible beneficiaries

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

§ 9706.

Assignment of eligible beneficiaries

(a)

In general

For purposes of this chapter, the Commissioner of Social Security shall, before October 1, 1993, assign each coal industry retiree who is an eligible beneficiary to a signatory operator which (or any related person with respect to which) remains in business in the following order:

(1)

First, to the signatory operator which—

(A)

was a signatory to the 1978 coal wage agreement or any subsequent coal wage agreement, and

(B)

was the most recent signatory operator to employ the coal industry retiree in the coal industry for at least 2 years.

(2)

Second, if the retiree is not assigned under paragraph (1), to the signatory operator which—

(A)

was a signatory to the 1978 coal wage agreement or any subsequent coal wage agreement, and

(B)

was the most recent signatory operator to employ the coal industry retiree in the coal industry.

(3)

Third, if the retiree is not assigned under paragraph (1) or (2), to the signatory operator which employed the coal industry retiree in the coal industry for a longer period of time than any other signatory operator prior to the effective date of the 1978 coal wage agreement.

(b)

Rules relating to employment and reassignment upon purchase

For purposes of subsection (a)—

(1)

Aggregation rules

(A)

Related person

(B)

Certain employment disregarded

Employment with—

(i)

a person which is (and all related persons with respect to which are) no longer in business, or

(ii)

a person during a period during which such person was not a signatory to a coal wage agreement,

shall not be taken into account.

(2)

Reassignment upon purchase

(c)

Identification of eligible beneficiaries

(d)

Cooperation by other agencies and persons

(1)

Cooperation

(2)

Providing of information

(A)

In general

(B)

Limitation

(3)

Trustees

(e)

Notice by Commissioner

(1)

Notice to Fund

(2)

Other notice

(f)

Reconsideration by Commissioner

(1)

In general

(2)

Review

(3)

Results of review

(A)

Error

If the Commissioner of Social Security determines under a review under paragraph (2) that an assignment was in error—

(i)

the Commissioner shall notify the assigned operator and the trustees of the Combined Fund and the trustees shall reduce the premiums of the operator under section 9704 by (or if there are no such premiums, repay) all premiums paid under section 9704 with respect to the eligible beneficiary, and

(ii)

the Commissioner shall review the beneficiary’s record for reassignment under subsection (a).

(B)

No error

(4)

Determinations

(5)

Payment pending review

(6)

Private actions

(g)

Confidentiality of information

(h)

Assignments as of October 1, 2007

(1)

In general

Subject to the premium obligation set forth in paragraph (3), the Commissioner of Social Security shall—

(A)

revoke all assignments to persons other than 1988 agreement operators for purposes of assessing premiums for plan years beginning on and after October 1, 2007; and

(B)

make no further assignments to persons other than 1988 agreement operators, except that no individual who becomes an unassigned beneficiary by reason of subparagraph (A) may be assigned to a 1988 agreement operator.

(2)

Reassignment upon purchase

(3)

Liability of persons during three fiscal years beginning on and after October 1, 2007

In the case of each of the fiscal years beginning on October 1, 2007, 2008, and 2009, each person other than a 1988 agreement operator shall pay to the Combined Fund the following percentage of the amount of annual premiums that such person would otherwise be required to pay under section 9704(a), determined on the basis of assignments in effect without regard to the revocation of assignments under paragraph (1)(A):

(A)

For the fiscal year beginning on October 1, 2007, 55 percent.

(B)

For the fiscal year beginning on October 1, 2008, 40 percent.

(C)

For the fiscal year beginning on October 1, 2009, 15 percent.

(Added Pub. L. 102–486, title XIX, § 19143(a), Oct. 24, 1992, 106 Stat. 3047; amended Pub. L. 103–296, title I, § 108(h)(9)(B), Aug. 15, 1994, 108 Stat. 1487; Pub. L. 109–432, div. C, title II, § 212(a)(3), Dec. 20, 2006, 120 Stat. 3025.)

cite as: 26 USC 9706