Title 26Internal Revenue CodeRelease 119-73

§9702 Establishment of the United Mine Workers of America Combined Benefit Fund

Title 26 › Subtitle Subtitle J— - Coal Industry Health Benefits › Chapter CHAPTER 99— - COAL INDUSTRY HEALTH BENEFITS › Subchapter Subchapter B— - Combined Benefit Fund › Part PART I— - ESTABLISHMENT AND BENEFITS › § 9702

Last updated Apr 6, 2026|Official source

Summary

Within 60 days after the law passed, the people named below must pick trustees to set up a private plan called the United Mine Workers of America Combined Benefit Fund. On February 1, 1993, the 1950 and 1974 UMWA Benefit Plans must be merged into that Combined Fund, and that merger will not count as an employer withdrawal under any 1988 coal wage agreement. The Combined Fund will be treated as a plan under the Labor Management Relations Act (section 302(c)(5)), as an employee welfare benefit plan and a multiemployer plan under ERISA, and as tax-exempt under section 501(a). The trustees are chosen like this: 2 employer representatives named by the BCOA, 2 named by the United Mine Workers of America, and 3 chosen by those four. Replacement trustees are picked the same way, and the plan must allow trustees to be removed. If the BCOA no longer exists, the 2 employer trustees are picked by the 3 employers who were BCOA members on the enactment date and who have the most eligible beneficiaries under section 9706. The first plan year runs February 1, 1993 to September 30, 1993. After that, each plan year starts October 1.

Full Legal Text

Title 26, §9702

Internal Revenue Code — Source: USLM XML via OLRC

(a)(1)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)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)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)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)(1)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)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–432 reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text contained provisions which related to: in par. (1), appointment of one trustee by the BCOA, one by the three employers having the greatest number of eligible beneficiaries under section 9706, two by the United Mine Workers of America, and three by the persons otherwise appointed; in par. (2), successor trustees and removal of trustees; and in par. (3), special rules relating to designation of trustees or successor trustees if the BCOA should cease to exist and designation of the initial trustee.

Reference

Citations & Metadata

Citation

26 U.S.C. § 9702

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73