Internal Revenue Code:Sec. 9702. Establishment of the United Mine Workers of America Combined Benefit Fund

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle J - Coal Industry Health Benefits
       CHAPTER 99 - COAL INDUSTRY HEALTH BENEFITS
        Subchapter B - Combined Benefit Fund
         PART I - ESTABLISHMENT AND BENEFITS
       

Statute

    Sec. 9702. Establishment of the United Mine Workers of America
        Combined Benefit Fund
 
    (a) Establishment
      (1) In general
        As soon as practicable (but not later than 60 days) after the
      enactment date, the persons described in subsection (b) shall
      designate the individuals to serve as trustees.  Such trustees
      shall create a new private plan to be known as the United Mine
      Workers of America Combined Benefit Fund.
      (2) Merger of retiree benefit plans
        As of February 1, 1993, the settlors of the 1950 UMWA Benefit
      Plan and the 1974 UMWA Benefit Plan shall cause such plans to be
      merged into the Combined Fund, and such merger shall not be
      treated as an employer withdrawal for purposes of any 1988 coal
      wage agreement.
      (3) Treatment of plan
        The Combined Fund shall be -
          (A) a plan described in section 302(c)(5) of the Labor
        Management Relations Act, 1947 (29 U.S.C. 186(c)(5)),
          (B) an employee welfare benefit plan within the meaning of
        section 3(1) of the Employee Retirement Income Security Act of
        1974 (29 U.S.C. 1002(1)), and
          (C) a multiemployer plan within the meaning of section 3(37)
        of such Act (29 U.S.C. 1002(37)).
      (4) Tax treatment
        For purposes of this title, the Combined Fund and any related
      trust shall be treated as an organization exempt from tax under
      section 501(a).
    (b) Board of Trustees.--
            (1) In general.--For purposes of subsection (a), the board 
        of trustees for the Combined Fund shall be appointed as 
        follows--
                    (A) 2 individuals who represent employers in the 
                coal mining industry shall be designated by the BCOA;
                    (B) 2 individuals designated by the United Mine 
                Workers of America; and
                    (C) 3 individuals selected by the individuals 
                appointed under subparagraphs (A) and (B).
            (2) Successor trustees.--Any successor trustee shall be 
        appointed in the same manner as the trustee being succeeded. The 
        plan establishing the Combined Fund shall provide for the 
        removal of trustees.
            (3) Special rule.--If the BCOA ceases to exist, any 
        trustee or successor under paragraph (1)(A) shall be designated 
        by the 3 employers who were members of the BCOA on the enactment 
        date and who have been assigned the greatest number of eligible 
        beneficiaries under section 9706.
    (c) Plan year
      The first plan year of the Combined Fund shall begin February 1,
    1993, and end September 30, 1993. Each succeeding plan year shall
    begin on October 1 of each calendar year.
 

Sources

    (Added Pub. L. 102-486, title XIX, Sec. 19143(a), Oct. 24, 1992,
    106 Stat. 3040.)
 

Miscellaneous

                             AMENDMENTS

2006 - Tax Relief and Health Care Act of 2006 (P.L. 109-432)
SEC. 213. OTHER PROVISIONS.
    (a) Board of Trustees.--Section 9702(b) of the Internal Revenue Code 
of 1986 <<NOTE: 26 USC 9702.>> (relating to board of trustees of the 
Combined Fund) is amended to read as follows:
    ``(b) Board of Trustees.--
            ``(1) In general.--For purposes of subsection (a), the board 
        of trustees for the Combined Fund shall be appointed as 
        follows--
                    ``(A) 2 individuals who represent employers in the 
                coal mining industry shall be designated by the BCOA;
                    ``(B) 2 individuals designated by the United Mine 
                Workers of America; and
                    ``(C) 3 individuals selected by the individuals 
                appointed under subparagraphs (A) and (B).
            ``(2) Successor trustees.--Any successor trustee shall be 
        appointed in the same manner as the trustee being succeeded. The 
        plan establishing the Combined Fund shall provide for the 
        removal of trustees.
            ``(3) Special rule.--If the BCOA ceases to exist, any 
        trustee or successor under paragraph (1)(A) shall be designated 
        by the 3 employers who were members of the BCOA on the enactment 
        date and who have been assigned the greatest number of eligible 
        beneficiaries under section 9706.''.
     

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 9701 of this title; title
    30 section 1232.