controlled group of corporations

(2) Assigned operators to which subsection applies (A) In general This subsection shall apply to any assigned operator if— (i) the assigned operator (or a related person to the assigned operator)— (I) made contributions to the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan for employment during the period covered by the 1988 agreement; and (II) is not a 1988 agreement operator, (ii) the assigned operator (and all related persons to the assigned operator) are not actively engaged in the production of coal as of July 1, 2005 , and (iii) the assigned operator was, as of July 20, 1992 , a member of a controlled group of corporations described in subparagraph (B). (B) Controlled group of corporations A controlled group of corporations is described in this subparagraph if the common parent of such group is a corporation the shares of which are publicly traded on a United States exchange. (C) Coordination with repeal of assignments A person shall not fail to be treated as an assigned operator to which this subsection applies solely because the person ceases to be an assigned operator by reason of section 9706(h)(1) if the person otherwise meets the requirements of this subsection and is liable for the payment of premiums under section 9706(h)(3). (D) Controlled group For purposes of this subsection, the term “controlled group of corporations” has the meaning given such term by section 52(a).

Source

26 USC § 9704(j)(2)


Scoping language

in this subparagraph
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