26 U.S.C. § 9705 — Transfers
submitted 34 years ago by Pub. L. 102-486 to r/title-26-INTERNAL-REVENUE-CODE · 511 words · no verdicts yet
The 1950 UMWA Pension Plan must transfer $210 million to the Combined Fund in three payments. The section specifies how the money is reserved, used to reduce premiums, treated for tax purposes, and supplemented by transfers under the mining laws.
(a)(1) From money reserved under paragraph (2), the 1950 UMWA Pension Plan* trustees must transfer to the Combined Fund* $70,000,000 on February 1, 1993; $70,000,000 on October 1, 1993; and $70,000,000 on October 1, 1994.
(2) Immediately after the enactment date*, the trustees must separate $210,000,000 from the plan’s general assets and hold it until those payments are made. Interest on it goes into the plan’s general assets.
(3) The February 1 payment must proportionately reduce each assigned operator’s section 9704(a) premium for the plan year beginning that day. Each later payment must proportionately reduce each assigned operator’s unassigned-beneficiary and death-benefit premiums for the transfer year and later years while the money remains available. The money may not pay amounts 1988 agreement operators must pay under section 9704(i)(1)(B).
(4)(A) No deduction is allowed for a transfer under paragraph (1). But the transfer may not harm the deductibility of employer contributions already made or later made to the listed UMWA plans or the Combined Fund*.
(B) A transfer is not an employer reversion from a qualified plan for section 4980, and it is not included in the gross income of an employer maintaining the 1950 UMWA Pension Plan.
(5) A transfer is not considered to violate or be prohibited by any law, or to make the settlors, joint trustees, employers, or related persons liable for taxes, fines, penalties, or other liability.
(b)(1) The Combined Fund must include amounts transferred under sections 402(h) and (i) of the Surface Mining Control and Reclamation Act.
(2) Each such amount for a fiscal year* must pay Combined Fund beneficiary benefits and administrative costs, or another purpose specifically provided in that Act.
From the funds reserved under paragraph (2), the board of trustees of the 1950 UMWA Pension Plan shall transfer to the Combined Fund*—
$70,000,000 on February 1, 1993,
$70,000,000 on October 1, 1993, and
$70,000,000 on October 1, 1994.
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.
Amounts transferred to the Combined Fund* under paragraph (1) shall—
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
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.
Such funds may not be used to pay any amounts required to be paid by the 1988 agreement operators under section 9704(i)(1)(B).
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.
Any transfer pursuant to paragraph (1)—
shall not be treated as an employer reversion from a qualified plan for purposes of section 4980, and
shall not be includible in the gross income of any employer maintaining the 1950 UMWA Pension Plan.
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.
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).
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).
Source credit: (Added Pub. L. 102–486, title XIX, § 19143(a), Oct. 24, 1992, 106 Stat. 3046; amended Pub. L. 109–432, div. C, title II, § 212(a)(1), Dec. 20, 2006, 120 Stat. 3023; Pub. L. 115–141, div. U, title IV, § 401(a)(345), (346), Mar. 23, 2018, 132 Stat. 1200, 1201.)
- 1992Enacted · Pub. L. 102-486 · 106 Stat. 3046
- 2006Amended · Pub. L. 109-432 · 120 Stat. 3023
- 2018Amended · Pub. L. 115-141 · 132 Stat. 1200, 1201
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-486 on 1992-10-24.
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