U.S. Code » Title 26 » Subtitle Subtitle J— Coal Industry Health Benefits › Chapter CHAPTER 99— COAL INDUSTRY HEALTH BENEFITS › Subchapter Subchapter D— Other Provisions

26 U.S.C. § 9721

Civil enforcement

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The provisions of section 4301 of the Employee Retirement Income Security Act of 1974 shall apply, in the same manner as any claim arising out of an obligation to pay withdrawal liability under subtitle E of title IV of such Act, to any claim—(1) arising out of an obligation to pay any amount required to be paid by this chapter; or(2) arising out of an obligation to pay any amount required by section 402(h)(5)(B)(ii) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(5)(B)(ii)).(Added Pub. L. 102–486, title XIX, § 19143(a), Oct. 24, 1992, 106 Stat. 3055; amended Pub. L. 109–432, div. C, title II, § 213(b)(2), Dec. 20, 2006, 120 Stat. 3027.)Editorial NotesReferences in Text

The Employee Retirement Income Security Act of 1974, referred to in text, is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 829. Subtitle E of title IV of the Act is classified generally to subtitle E (§ 1381 et seq.) of subchapter III of chapter 18 of Title 29, Labor. Section 4301 of the Act is classified to section 1451 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables.

Amendments

2006—Pub. L. 109–432 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “The provisions of section 4301 of the Employee Retirement Income Security Act of 1974 shall apply to any claim arising out of an obligation to pay any amount required to be paid by this chapter in the same manner as any claim arising out of an obligation to pay withdrawal liability under subtitle E of title IV of such Act. For purposes of the preceding sentence, a signatory operator and related persons shall be treated in the same manner as employers.”

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1996–2022 · leading case: Michael Holland v. Bibeau Constr. Co., 774 F.3d 8 (D.C. Cir. 2014).
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Michael Holland v. Bibeau Constr. Co., 774 F.3d 8 (D.C. Cir. 2014). · cites it 3× “” 26 U.S.C. § 9721 . These ERISA provisions impose liability on employers for delinquent contributions to a multiemployer plan, 29 U.”
Mary Helen Coal Corp. v. Hudson, 235 F.3d 207 (4th Cir. 2000). · cites it 6× “The second difficulty with the Trustees’ anti-inurement argument is that Mary Helen never had a valid obligation to contribute to the Combined Fund and thus is not an employer under Title IV of ERISA or the Coal Act.”
Holland v. Williams Mountain Coal Co., 496 F.3d 670 (D.C. Cir. 2007). · cites it 2× “§ 1451 (a)(1) (authorizing a plan fiduciary who is adversely affected “by the act or omission of any party” to bring an action for appropriate legal or equitable relief); see also 26 U.S.C. § 9721 (1) (making § 1451 applicable to any claim arising out of an obligation under the…”
Nat'l Mining Ass'n v. Apfel, 97 F. Supp. 2d 1070 (N.D. Ala. 1999). · cites it 5× “Count IY: Claim under 26 U.S.C. § 9721 that the Combined Fund has to return the premiums or credit the over-payments against future premiums.”
Holland v. Kitchekan Fuel Corp., 137 F. Supp. 2d 681 (S.D.W. Va 2001). · cites it 2× “26 U.S.C. § 9721 , which provides for civil enforcement of the Coal Act, incorporates section 4301 of ERISA, 29 U.”
Holland v. Virginia Lee Co., 188 F.R.D. 241 (W.D. Va. 1999). “Jurisdiction in this court was proper under 26 U.S.C.A. § 9721 , as well as section 4301(d) of the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.”
Buckner v. Westmoreland Coal Co. (In Re Westmoreland Coal Co.), 213 B.R. 1 (Bankr.D. Colo. 1997). “Enforcement powers for all Coal Act obligations are specified in 26 U.S.C. § 9721 which provides: Civil Enforcement: The provisions of § 4301 of the Employee Retirement Income Security Act of 1974 shall apply to any claim arising out of an obligation to pay any amount required…”
United Mine Workers of Am. Combined Benefit Fund v. Walter Energy, Inc., 551 B.R. 631 (N.D. Ala. 2016). “See 26 U.S.C. § 9721 . All of this points to a straight-forward conclusion' — the Coal Act was not designed to raise revenue to fund governmental or government-sponsored endeavors.”
Holland v. High-Tech Collieries, Inc., 911 F. Supp. 1021 (N.D.W. Va. 1996). “Pursuant to 26 U.S.C. § 9721 (Subchapter D of the Coal Act), the Court is to apply the provisions of § 4301 of the Employee Retirement Income Security Act of 1974 (“ERISA”) regarding withdrawal liability to any claim arising out of an obligation to pay health premiums under the…”
Berwind Corp. v. Apfel, 94 F. Supp. 2d 597 (E.D. Pa. 2000). “Section 4301 of ERISA provides that a “plan fiduciary, employer, plan participant, or beneficiary, who is adversely affected by the act or omission of any party under this subtitle with respect to a multiemployer plan .”
Sidney Coal Co., Inc. v. Massanari, 221 F. Supp. 2d 755 (E.D. Ky. 2002). “26 U.S.C. § 9721 , governing Civil Enforcement of a Coal Act claim, provides that, [t]he provisions of section 4301 of [ERISA] shall apply to any claim arising out of an obligation to pay any amount required to be paid by this chapter in the same manner as any claim arising out…”
Holland v. Cardiff Coal Co., 991 F. Supp. 508 (S.D.W. Va 1997). “26 U.S.C. § 9721 states as follows: The provisions of section 4301 of the Employee Retirement Income Security Act of 1974 shah apply to any claim arising out of an obligation to pay any amount required to be paid by this chapter in the same manner as any claim arising out of an…”
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