
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC9702]

 
                     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
 
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) one individual who represents employers in the coal 
        mining industry shall be designated by the BCOA;
            (B) one individual shall be designated by the three 
        employers, other than 1988 agreement operators, who have been 
        assigned the greatest number of eligible beneficiaries under 
        section 9706;
            (C) two individuals designated by the United Mine Workers of 
        America; and
            (D) three persons selected by the persons appointed under 
        subparagraphs (A), (B), and (C).

                       (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 rules

        (A) BCOA

            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.

        (B) Former signatories

            The initial trustee under paragraph (1)(B) shall be 
        designated by the 3 employers, other than 1988 agreement 
        operators, which the records of the 1950 UMWA Benefit Plan and 
        1974 UMWA Benefit Plan indicate have the greatest number of 
        eligible beneficiaries as of the enactment date, and such 
        trustee and any successor shall serve until November 1, 1993.

(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.

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

                  Section Referred to in Other Sections

    This section is referred to in section 9701 of this title; title 30 
section 1232.
