related coal wage agreement
(2) Transfers described The transfers referred to in paragraph (1) are the following: (A) United Mine Workers of America Combined Benefit Fund A transfer to the United Mine Workers of America Combined Benefit Fund equal to the amount that the trustees of the Combined Benefit Fund estimate will be expended from the fund for the fiscal year in which the transfer is made, reduced by— (i) the amount the trustees of the Combined Benefit Fund estimate the Combined Benefit Fund will receive during the fiscal year in— (I) required premiums; and (II) payments paid by Federal agencies in connection with benefits provided by the Combined Benefit Fund; and (ii) the amount the trustees of the Combined Benefit Fund estimate will be expended during the fiscal year to provide health benefits to beneficiaries who are unassigned beneficiaries solely as a result of the application of section 9706(h)(1) of title 26 , but only to the extent that such amount does not exceed the amounts described in subsection (i)(1)(A) that the Secretary estimates will be available to pay such estimated expenditures. (B) United Mine Workers of America 1992 Benefit Plan A transfer to the United Mine Workers of America 1992 Benefit Plan, in an amount equal to the difference between— (i) the amount that the trustees of the 1992 UMWA Benefit Plan estimate will be expended from the 1992 UMWA Benefit Plan during the next calendar year to provide the benefits required by the 1992 UMWA Benefit Plan on December 20, 2006 ; minus (ii) the amount that the trustees of the 1992 UMWA Benefit Plan estimate the 1992 UMWA Benefit Plan will receive during the next calendar year in— (I) required monthly per beneficiary premiums, including the amount of any security provided to the 1992 UMWA Benefit Plan that is available for use in the provision of benefits; and (II) payments paid by Federal agencies in connection with benefits provided by the 1992 UMWA Benefit Plan. (C) Multiemployer Health Benefit Plan (i) Transfer to the Plan A transfer to the Multiemployer Health Benefit Plan established after July 20, 1992 , by the parties that are the settlors of the 1992 UMWA Benefit Plan referred to in subparagraph (B) (referred to in this subparagraph and subparagraph (D) as “the Plan”), in an amount equal to the excess (if any) of— (I) the amount that the trustees of the Plan estimate will be expended from the Plan during the next calendar year, to provide benefits no greater than those provided by the Plan as of December 31, 2006 ; over (II) the amount that the trustees estimated the Plan will receive during the next calendar year in payments paid by Federal agencies in connection with benefits provided by the Plan. (ii) Calculation of excess The excess determined under clause (i) shall be calculated by taking into account only— (I) those beneficiaries actually enrolled in the Plan as of December 27, 2020 , who are eligible to receive health benefits under the Plan on the first day of the calendar year for which the transfer is made, other than those beneficiaries enrolled in the Plan under the terms of a participation agreement with the current or former employer of such beneficiaries; (II) those beneficiaries whose health benefits, defined as those benefits payable, following death or retirement or upon a finding of disability, directly by an employer in the bituminous coal industry under a coal wage agreement (as defined in section 9701(b)(1) of title 26 ) or a related coal wage agreement, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012, 2015, 2018, 2019, or any year thereafter, (or, in the case of any such health benefits confirmed in any bankruptcy proceeding, would be subsequently denied or reduced); and (III) the cost of administering the resolution of disputes process administered (as of December 27, 2020 ) by the Trustees of the Plan. For purposes of subclause (I), a beneficiary enrolled in the Plan as of December 27, 2020 , shall be deemed to have been eligible to receive health benefits under the Plan on January 1, 2020 . (iii) Eligibility of certain retirees Individuals referred to in clause (ii)(II) shall be treated as eligible to receive health benefits under the Plan. (iv) Requirements for transfer The amount of the transfer otherwise determined under this subparagraph for a fiscal year shall be reduced by any amount transferred for the fiscal year to the Plan, to pay benefits required under the Plan, from a voluntary employees’ beneficiary association established as a result of a bankruptcy proceeding described in clause (ii). (v) VEBA transfer The administrator of such voluntary employees’ beneficiary association shall transfer to the Plan any amounts received as a result of such bankruptcy proceeding, reduced by an amount for administrative costs of such association. (vi) Related coal wage agreement For purposes of clause (ii), the term “related coal wage agreement” means an agreement between the United Mine Workers of America and an employer in the bituminous coal industry that— (I) is a signatory operator; or (II) is or was a debtor in a bankruptcy proceeding that was consolidated, administratively or otherwise, with the bankruptcy proceeding of a signatory operator or a related person to a signatory operator (as those terms are defined in section 9701(c) of title 26 ). (D) Individuals considered enrolled For purposes of subparagraph (C), any individual who was eligible to receive benefits from the Plan as of December 20, 2006 , even though benefits were being provided to the individual pursuant to a settlement agreement approved by order of a bankruptcy court entered on or before September 30, 2004 , will be considered to be actually enrolled in the Plan and shall receive benefits from the Plan beginning on December 31, 2006 .