All liability for contributions to the Combined Fund that arises on and after February 1, 1993, shall be determined exclusively under this chapter, including all liability for contributions to the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan for coal production on and after February 1, 1993. However, nothing in this chapter is intended to have any effect on any claims or obligations arising in connection with the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan as of February 1, 1993, including claims or obligations based on the “evergreen” clause found in the language of the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan. This chapter shall not be construed to affect any rights of subrogation of any 1988 agreement operator with respect to contributions due to the 1950 UMWA Benefit Plan or the 1974 UMWA Benefit Plan as of February 1, 1993.
Notes of Decisions
Carbon Fuel Co. v. USX Corp., 100 F.3d 1124 (4th Cir. 1996).
· cites it 8× “" 26 U.S.C. § 9708 (emphasis added). The Act cautions, however, that the Act shall have no effect on claims, obligations, or subrogation rights aris- ing in connection with the 1950 and 1974 Benefit Plans as of Febru- ary 1, 1993.”
Carbon Fuel Co. v. USX Corp., 891 F. Supp. 1186 (S.D.W. Va 1995).
· cites it 3× “” 26 U.S.C. § 9708 (emphasis supplied). An assigned operator may pursue reconsideration of the Commissioner’s decision assigning beneficiaries under 26 U.”
Michael Holland v. Westmoreland Coal Compan, 968 F.3d 526 (5th Cir. 2020).
“§ 9711 (e), 20 which briefly states that benefits for employees not covered by the Coal Act “shall only be 19 26 U.S.C. § 9708 reads in relevant part: All liability for contributions to the Combined Fund that arises on and after February 1, 1993, shall be determined exclusively…”
Adventure Resources, Inc. v. Holland, 193 B.R. 787 (S.D.W. Va 1996).
“26 U.S.C. § 9708 . Every coal operator who signed or otherwise became bound to an NBCWA at anytime is required to participate in the Combined Fund’s financing.”
Holland v. Robert Coal Co., 986 F. Supp. 621 (D.D.C. 1997).
“26 U.S.C. § 9708 . 10 . Intervenor United States points out, however, that Defendants have not adjusted their numbers to their present value, making Defendants’ figure an inflated estimate of their obligations to the 1992 Plan.”
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