OTT19005 S.L.C.
116
TH
CONGRESS 1
ST
S
ESSION
S.
ll
To amend the Surface Mining Control and Reclamation Act of 1977 to transfer certain funds to the 1974 United Mine Workers of America Pension Plan, and for other purposes.
IN THE SENATE OF THE UNITED STATES
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Mr. M
ANCHIN
introduced the following bill; which was read twice and referred to the Committee on
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A BILL
To amend the Surface Mining Control and Reclamation Act of 1977 to transfer certain funds to the 1974 United Mine Workers of America Pension Plan, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘American Miners Act
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of 2019’’.
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SEC. 2. TRANSFERS TO 1974 UMWA PENSION PLAN.
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(a) I
N
G
ENERAL
.—Subsection (i) of section 402 of
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the Surface Mining Control and Reclamation Act of 1977
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2
OTT19005 S.L.C.
(30 U.S.C. 1232), as amended by the Further Continuing
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and Security Assistance Appropriations Act, 2017, is
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amended—
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(1) in paragraph (3)(A), by striking
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‘‘$490,000,000’’ and inserting ‘‘$750,000,000’’;
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(2) by redesignating paragraph (4) as para-
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graph (5); and
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(3) by inserting after paragraph (3) the fol-
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lowing:
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‘‘(4) A
DDITIONAL AMOUNTS
.—
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‘‘(A) C
ALCULATION
.—If the dollar limita-
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tion specified in paragraph (3)(A) exceeds the
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aggregate amount required to be transferred
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under paragraphs (1) and (2) for a fiscal year,
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the Secretary of the Treasury shall transfer an
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additional amount equal to the difference be-
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tween such dollar limitation and such aggregate
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amount to the trustees of the 1974 UMWA
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Pension Plan to pay benefits required under
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that plan.
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‘‘(B) C
ESSATION OF TRANSFERS
.—The
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transfers described in subparagraph (A) shall
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cease as of the first fiscal year beginning after
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the first plan year for which the funded per-
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centage (as defined in section 432(j)(2) of the
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3
OTT19005 S.L.C.
Internal Revenue Code of 1986) of the 1974
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UMWA Pension Plan is at least 100 percent.
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‘‘(C) P
ROHIBITION ON BENEFIT IN
-
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CREASES
,
ETC
.—During a fiscal year in which
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the 1974 UMWA Pension Plan is receiving
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transfers under subparagraph (A), no amend-
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ment of such plan which increases the liabilities
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of the plan by reason of any increase in bene-
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fits, any change in the accrual of benefits, or
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any change in the rate at which benefits become
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nonforfeitable under the plan may be adopted
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unless the amendment is required as a condi-
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tion of qualification under part I of subchapter
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D of chapter 1 of the Internal Revenue Code of
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1986.
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‘‘(D) T
REATMENT OF TRANSFERS FOR
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PURPOSES OF WITHDRAWAL LIABILITY UNDER
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ERISA
.—The amount of any transfer made
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under subparagraph (A) (and any earnings at-
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tributable thereto) shall be disregarded in deter-
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mining the unfunded vested benefits of the
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1974 UMWA Pension Plan and the allocation
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of such unfunded vested benefits to an employer
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for purposes of determining the employer’s
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withdrawal liability under section 4201 of the
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