26 U.S.C. § 9705

Transfers

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(a) Transfer of assets from 1950 UMWA Pension Plan(1) In generalFrom the funds reserved under paragraph (2), the board of trustees of the 1950 UMWA Pension Plan shall transfer to the Combined Fund—(A) $70,000,000 on February 1, 1993,(B) $70,000,000 on October 1, 1993, and(C) $70,000,000 on October 1, 1994.(2) Reservation

Immediately upon the enactment date, the board of trustees of the 1950 UMWA Pension Plan shall segregate $210,000,000 from the general assets of the plan. Such funds shall be held in the plan until disbursed pursuant to paragraph (1). Any interest on such funds shall be deposited into the general assets of the 1950 UMWA Pension Plan.

(3) Use of fundsAmounts transferred to the Combined Fund under paragraph (1) shall—(A) in the case of the transfer on February 1, 1993, be used to proportionately reduce the premium of each assigned operator under section 9704(a) for the plan year of the Fund beginning February 1, 1993, and(B) in the case of any other such transfer, be used to proportionately reduce the unassigned beneficiary premium under section 9704(a)(3) and the death benefit premium under section 9704(a)(2) of each assigned operator for the plan year in which transferred and for any subsequent plan year in which such funds remain available.Such funds may not be used to pay any amounts required to be paid by the 1988 agreement operators under section 9704(i)(1)(B).(4) Tax treatment; validity of transfer(A) No deduction

No deduction shall be allowed under this title with respect to any transfer pursuant to paragraph (1), but such transfer shall not adversely affect the deductibility (under applicable provisions of this title) of contributions previously made by employers, or amounts hereafter contributed by employers, to the 1950 UMWA Pension Plan, the 1950 UMWA Benefit Plan, the 1974 UMWA Pension Plan, the 1974 UMWA Benefit Plan, the 1992 UMWA Benefit Plan, or the Combined Fund.

(B) Other tax provisionsAny transfer pursuant to paragraph (1)—(i) shall not be treated as an employer reversion from a qualified plan for purposes of section 4980, and(ii) shall not be includible in the gross income of any employer maintaining the 1950 UMWA Pension Plan.(5) Treatment of transfer

Any transfer pursuant to paragraph (1) shall not be deemed to violate, or to be prohibited by, any provision of law, or to cause the settlors, joint board of trustees, employers or any related person to incur or be subject to liability, taxes, fines, or penalties of any kind whatsoever.

(b) Transfers(1) In general

The Combined Fund shall include any amount transferred to the Fund under subsections (h) and (i) of section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232).

(2) Use of funds

Any amount transferred under paragraph (1) for any fiscal year shall be used to pay benefits and administrative costs of beneficiaries of the Combined Fund or for such other purposes as are specifically provided in the Act described in paragraph (1).

(Added Pub. L. 102–486, title XIX, § 19143(a), Oct. 24, 1992, 106 Stat. 3046; amended Pub. L. 109–432, div. C, title II, § 212(a)(1), Dec. 20, 2006, 120 Stat. 3023; Pub. L. 115–141, div. U, title IV, § 401(a)(345), (346), Mar. 23, 2018, 132 Stat. 1200, 1201.)Editorial NotesAmendments

2018—Subsec. (b)(1). Pub. L. 115–141, § 401(a)(345), substituted “1232” for “1232(h)”.

Subsec. (b)(2). Pub. L. 115–141, § 401(a)(346), substituted “Act” for “Acts”.

2006—Subsec. (b). Pub. L. 109–432, § 212(a)(1)(C), struck out “from abandoned mine reclamation fund” after “Transfers” in heading.

Subsec. (b)(1). Pub. L. 109–432, § 212(a)(1)(A), substituted “subsections (h) and (i) of section 402” for “section 402(h)”.

Subsec. (b)(2). Pub. L. 109–432, § 212(a)(1)(B), reenacted heading without change and amended text of par. (2) generally. Prior to amendment, text read as follows: “Any amount transferred under paragraph (1) for any fiscal year shall be used to proportionately reduce the unassigned beneficiary premium under section 9704(a)(3) of each assigned operator for the plan year in which transferred.”

Statutory Notes and Related SubsidiariesEffective Date of 2006 Amendment

Amendment by Pub. L. 109–432 applicable to plan years of the Combined Fund beginning after Sept. 30, 2006, see section 212(a)(4) of Pub. L. 109–432, set out as a note under section 9704 of this title.

Notes of Decisions

Cited in 30 cases, 1993–2018 · leading case: Barnhart v. Sigmon Coal Co., 534 U.S. 438 (2002).

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Barnhart v. Sigmon Coal Co., 534 U.S. 438 (2002). · cites it 2× “Starting in the fourth year, payment is deducted first from interest earned on the Department of Interior's Abandoned Mine Reclamation Fund (AML), 26 U. S. C. § 9705 (b) (1994 ed.). If those funds are exhausted or unavailable, then the costs are shared by the remaining…”

United Mine Works of Am. Combined Benefit Fund v. Andre M. Toffel, for Walter Energy, Inc. (In re Walter Energy, Inc.), 911 F.3d 1121 (11th Cir. 2018). · cites it 2× “26 U.S.C. § 9705 (a)(1). Second, Congress has authorized annual transfers from the Abandoned Mine Reclamation Fund ("Abandoned Mine Fund") 13 to the Combined Fund.”

Templeton Coal Co., Inc. v. Shalala, 882 F. Supp. 799 (S.D. Ind. 1995). · cites it 7× “26 U.S.C. § 9705 (a)(1)(A). This amount was used to proportionately reduce the total premium of each assigned operator.”

United States Steel Corp. v. Astrue, 495 F.3d 1272 (11th Cir. 2007). “3d at 340 (citing 26 U.S.C. § 9705 (a)-(b)). If the asset transfers are insufficient, then the unassigned miners’ benefits are funded though premiums assessed against all assigned operators.”

Holland v. Virginia Lee Co., 188 F.R.D. 241 (W.D. Va. 1999). · cites it 2× “In addition to the premiums collected by the Trustees to finance the Combined Fund, funds are made available to the Combined Fund under the provisions of 26 U.S.C.A. § 9705 (a) and (b). Section 9705(a) provides for the transfer of assets from the 1950 UMWA Pension Plan, totaling…”

Ass'n of Bituminous Contractors, Inc. v. Apfel, 156 F.3d 1246 (D.C. Cir. 1998). “§ 9702 (a)(2), and further required that monies be transferred to the Combined Fund from the 1950 Plan and certain other funds, see 26 U.S.C. § 9705 ; 30 U.S.C. § 1232 (h) (1994).”

Pittston Co. v. United States, 199 F.3d 694 (4th Cir. 1999). · cites it 2× “See 26 U.S.C.A. § 9705 (a)(3); id. § 9704(a)(3).”

Sidney Coal Co., Inc. v. Soc. Sec. Admin., (04-6286), Michael H. Holland, Intervenors (04-6291), 427 F.3d 336 (6th Cir. 2005). “If the SSA cannot identify a signatory operator or related person still in business, as required by § 9706(a)(i)-(iii), the miner is deemed “unassigned.” 26 U.S.C. § 9706 (d). To cover the cost of these so-called “unassigned beneficiaries,” Congress authorized annual transfer…”

In Re Chateaugay Corp. v. Shalala, 163 B.R. 955 (S.D.N.Y. 1993). · cites it 2× “The first $70 million transfer is to reduce the total premium of each assigned operator for the first year, 26 U.S.C. § 9705 (a)(3)(A); the second and third year transfers are to be used to reduce the assigned operators’ unassigned beneficiary and death benefit premiums.”

Barrick Gold Expl., Inc. v. Hudson, 823 F. Supp. 1395 (S.D. Ohio 1993). “The amount of this contribution is reduced by the transfer of seventy million dollars from the 1950 Pension Plan pursuant to 26 U.S.C. § 9705 (a). All 1988 agreement operators are also obligated to make contributions to the Combined Fund from February 1, 1993 to September 30,…”

E. Enter. v. Shirley S. Chater, Comm'r of Soc. Sec., 110 F.3d 150 (1st Cir. 1997). “Here, in addition to the provisions already mentioned (which relieve Eastern entirely of liability whenever a company that created a greater expectation of lifetime health benefits for an individual miner can be found), the Coal Act authorizes the use of $210 million from the…”

Davon, Inc. v. Shalala, 75 F.3d 1114 (7th Cir. 1996). · cites it 2× “Plaintiffs are assigned “orphan” beneficiaries proportional to their overall participation in the Combined Fund, and the Coal Act makes provision for proportionally reducing plaintiffs’ responsibility for “orphan” retirees as statutory transfers are received from the 1950…”

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