Title 26Internal Revenue CodeRelease 119-73

§9703 Plan benefits

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 › § 9703

Last updated Apr 6, 2026|Official source

Summary

The Combined Fund must give each eligible person health coverage and must give death benefits to some eligible people. The trustees must enroll people in prepaid managed care plans. Those plans should, as much as possible, match the health coverage the 1950 and 1974 UMWA plans had on January 1, 1992. Trustees must set payment rates so people in different areas get a similar level of benefits. Total yearly payments from the Fund cannot be more than the premiums paid into the Fund for that plan year, after subtracting death-benefit premiums and the amount set aside for administration (up to 5 percent) and after adding certain transfers, any chosen carryovers from earlier years, and any interest the trustees choose to use. Any provider that must be Medicare-certified for similar services must be certified. Health benefits must begin on February 1, 1993. Death benefits for those covered must match what the 1950 or 1974 UMWA Pension Plan provided on July 20, 1992, and they also start on February 1, 1993. The 1950 and 1974 pension plans must stop providing those same death benefits on and after February 1, 1993, though they may later offer other death benefits. The Fund may only enroll people who were receiving benefits from the 1950 or 1974 UMWA plans on July 20, 1992. “Eligible beneficiary” means a coal industry retiree who was receiving benefits from those plans on July 20, 1992, or someone who was receiving benefits because of their relationship to such a retiree.

Full Legal Text

Title 26, §9703

Internal Revenue Code — Source: USLM XML via OLRC

(a)Each eligible beneficiary of the Combined Fund shall receive—
(1)health benefits described in subsection (b), and
(2)in the case of an eligible beneficiary described in subsection (f)(1), death benefits coverage described in subsection (c).
(b)(1)The trustees of the Combined Fund shall provide health care benefits to each eligible beneficiary by enrolling the beneficiary in a health care services plan which undertakes to provide such benefits on a prepaid risk basis. The trustees shall utilize all available plan resources to ensure that, consistent with paragraph (2), coverage under the managed care system shall to the maximum extent feasible be substantially the same as (and subject to the same limitations of) coverage provided under the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan as of January 1, 1992.
(2)(A)The trustees of the Combined Fund shall negotiate payment rates with the health care services plans described in paragraph (1) for each plan year which are in amounts which—
(i)vary as necessary to ensure that beneficiaries in different geographic areas have access to a uniform level of health benefits; and
(ii)result in aggregate payments for such plan year from the Combined Fund which do not exceed the total premium payments required to be paid to the Combined Fund under section 9704(a) for the plan year, adjusted as provided in subparagraphs (B) and (C).
(B)The amount determined under subparagraph (A)(ii) for any plan year shall be reduced—
(i)by the aggregate death benefit premiums determined under section 9704(c) for the plan year, and
(ii)by the amount reserved for plan administration under subsection (d).
(C)The amount determined under subparagraph (A)(ii) shall be increased—
(i)by any reduction in the total premium payments required to be paid under section 9704(a) by reason of transfers described in section 9705,
(ii)by any carryover to the plan year from any preceding plan year which—
(I)is derived from amounts described in section 9704(e)(3)(B)(i), and
(II)the trustees elect to use to pay benefits for the current plan year, and
(iii)any interest earned by the Combined Fund which the trustees elect to use to pay benefits for the current plan year.
(3)The trustees of the Combined Fund shall not enter into an agreement under paragraph (1) with any provider of services which is of a type which is required to be certified by the Secretary of Health and Human Services when providing services under title XVIII of the Social Security Act unless the provider is so certified.
(4)Benefits shall be provided under paragraph (1) on and after February 1, 1993.
(c)(1)The trustees of the Combined Fund shall provide death benefits coverage to each eligible beneficiary described in subsection (f)(1) which is identical to the benefits provided under the 1950 UMWA Pension Plan or 1974 UMWA Pension Plan, whichever is applicable, on July 20, 1992. Such coverage shall be provided on and after February 1, 1993.
(2)The 1950 UMWA Pension Plan and the 1974 UMWA Pension Plan shall each be amended to provide that death benefits coverage shall not be provided to eligible beneficiaries on and after February 1, 1993. This paragraph shall not prohibit such plans from subsequently providing death benefits not described in paragraph (1).
(d)The trustees of the Combined Fund may reserve for each plan year, for use in payment of the administrative costs of the Combined Fund, an amount not to exceed 5 percent of the premiums to be paid to the Combined Fund under section 9704(a) during the plan year.
(e)The Combined Fund shall not enroll any individual who is not receiving benefits under the 1950 UMWA Benefit Plan or the 1974 UMWA Benefit Plan as of July 20, 1992.
(f)For purposes of this subchapter, the term “eligible beneficiary” means an individual who—
(1)is a coal industry retiree who, on July 20, 1992, was eligible to receive, and receiving, benefits from the 1950 UMWA Benefit Plan or the 1974 UMWA Benefit Plan, or
(2)on such date was eligible to receive, and receiving, benefits in either such plan by reason of a relationship to such retiree.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (b)(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Reference

Citations & Metadata

Citation

26 U.S.C. § 9703

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73