§9705 — Title 26 Internal Revenue Code | U.S. Code

Summary

The trustees of the 1950 UMWA Pension Plan must set aside $210,000,000 from the plan’s assets right away and hold it until they send it to the Combined Fund in three payments: $70,000,000 on February 1, 1993, $70,000,000 on October 1, 1993, and $70,000,000 on October 1, 1994. Any interest earned while the money is held goes back into the plan’s general assets. The first $70,000,000 payment will lower the assigned operators’ premium for the plan year starting February 1, 1993. The later payments will lower the unassigned beneficiary premium and the death benefit premium for assigned operators in the year of the transfer and in later years while money remains. These transfers are not tax-deductible, but they do not change the tax treatment of employer contributions to the listed plans. The transfers are not treated as employer reversions under section 4980 and are not taxable income to any employer that maintains the 1950 plan. The transfers do not break any law or create liability, taxes, fines, or penalties for the people or entities involved. The Combined Fund also includes amounts transferred under subsections (h) and (i) of section 402 of the Surface Mining Control and Reclamation Act of 1977, and those amounts must be used for benefits, administrative costs, or other uses the Act allows.

Title 26, §9705

Internal Revenue Code — Source: USLM XML via OLRC

(a)(1)From the funds reserved under paragraph (2), the board of trustees of the 1950 UMWA Pension Plan shall transfer to the Combined Fund—

(A)$70,000,000 on February 1, 1993,

(B)$70,000,000 on October 1, 1993, and

(C)$70,000,000 on October 1, 1994.

(2)Immediately upon the enactment date, the board of trustees of the 1950 UMWA Pension Plan shall segregate $210,000,000 from the general assets of the plan. Such funds shall be held in the plan until disbursed pursuant to paragraph (1). Any interest on such funds shall be deposited into the general assets of the 1950 UMWA Pension Plan.

(3)Amounts transferred to the Combined Fund under paragraph (1) shall—

(A)in the case of the transfer on February 1, 1993, be used to proportionately reduce the premium of each assigned operator under section 9704(a) for the plan year of the Fund beginning February 1, 1993, and

(B)in the case of any other such transfer, be used to proportionately reduce the unassigned beneficiary premium under section 9704(a)(3) and the death benefit premium under section 9704(a)(2) of each assigned operator for the plan year in which transferred and for any subsequent plan year in which such funds remain available.

(4)(A)No deduction shall be allowed under this title with respect to any transfer pursuant to paragraph (1), but such transfer shall not adversely affect the deductibility (under applicable provisions of this title) of contributions previously made by employers, or amounts hereafter contributed by employers, to the 1950 UMWA Pension Plan, the 1950 UMWA Benefit Plan, the 1974 UMWA Pension Plan, the 1974 UMWA Benefit Plan, the 1992 UMWA Benefit Plan, or the Combined Fund.

(B)Any transfer pursuant to paragraph (1)—

(i)shall not be treated as an employer reversion from a qualified plan for purposes of section 4980, and

(ii)shall not be includible in the gross income of any employer maintaining the 1950 UMWA Pension Plan.

(5)Any transfer pursuant to paragraph (1) shall not be deemed to violate, or to be prohibited by, any provision of law, or to cause the settlors, joint board of trustees, employers or any related person to incur or be subject to liability, taxes, fines, or penalties of any kind whatsoever.

(b)(1)The Combined Fund shall include any amount transferred to the Fund under subsections (h) and (i) of section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232).

(2)Any amount transferred under paragraph (1) for any fiscal year shall be used to pay benefits and administrative costs of beneficiaries of the Combined Fund or for such other purposes as are specifically provided in the Act described in paragraph (1).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (b)(1). Pub. L. 115–141, § 401(a)(345), substituted “1232” for “1232(h)”. Subsec. (b)(2). Pub. L. 115–141, § 401(a)(346), substituted “Act” for “Acts”. 2006—Subsec. (b). Pub. L. 109–432, § 212(a)(1)(C), struck out “from abandoned mine reclamation fund” after “Transfers” in heading. Subsec. (b)(1). Pub. L. 109–432, § 212(a)(1)(A), substituted “subsections (h) and (i) of section 402” for “section 402(h)”. Subsec. (b)(2). Pub. L. 109–432, § 212(a)(1)(B), reenacted heading without change and amended text of par. (2) generally. Prior to amendment, text read as follows: “Any amount transferred under paragraph (1) for any fiscal year shall be used to proportionately reduce the unassigned beneficiary premium under section 9704(a)(3) of each assigned operator for the plan year in which transferred.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 AmendmentAmendment by Pub. L. 109–432 applicable to plan years of the Combined Fund beginning after Sept. 30, 2006, see section 212(a)(4) of Pub. L. 109–432, set out as a note under section 9704 of this title.

§9705 Transfers