113 HR 2627 IH: Caring for Coal Miners Act U.S. House of Representatives 2013-07-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 2627 IN THE HOUSE OF REPRESENTATIVES July 8, 2013 Mr. Whitfield (for himself, Mr. McKinley, and Mrs. Capito) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Surface Mining Control and Reclamation Act of 1977 to protect the health care benefits of our Nation’s miners.

1.

Short title

This Act may be cited as the Caring for Coal Miners Act.

2.

Inclusion of retirees after 2006

(a)

In general

Section 402(h)(2)(C) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is amended— (1)by inserting (i) before A transfer; (2)by redesignating clauses (i) and (ii) (as in effect immediately before the enactment of this Act) as subclauses (I) and (II) of clause (i) as designated by the amendment made by paragraph (1) of this section, and moving such subclauses 2 ems to the right; and (3)by striking the matter following such subclause (II) and inserting the following: (ii)Such excess shall be calculated by taking into account only— (I)those beneficiaries actually enrolled in the Plan as of the date of enactment of the Caring for Coal Miners Act, who are eligible to receive health benefits under the Plan on the first day of the calendar year for which the transfer is made; and (II)those beneficiaries who would be denied health benefits payable directly by an employer in the bituminous coal industry under a coal wage agreement, as that term is defined in section 9701(b)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 9701(b)(1)), as a result of a bankruptcy proceeding commenced in 2012. (iii)An individual referred to in clause (ii)(II) shall be considered eligible to receive health benefits under the Plan. . (b)

Limitation on duplication of benefits

(1)

Limitation

The amount made available as a result of the enactment of this Act shall be reduced by the amount of any benefits actually paid by a Voluntary Employees’ Beneficiary Association to or on behalf of a covered beneficiary, so that no covered beneficiary receives a greater benefit than would have been payable before the establishment of such association. (2)

Definitions

In this subsection: (A)

covered beneficiary

The term covered beneficiary means a person eligible for health benefits under both the plan referred to in section 402(h)(C) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) and a Voluntary Employees’ Beneficiary Association. (B)

Voluntary Employees’ Beneficiary Association

The term Voluntary Employees’ Beneficiary Association means such an association established pursuant to the Order entered May 29, 2013, by the Court in the case In re: Patriot Coal Corporation (Case No. 12–51502, Bankruptcy Court for the Eastern District of Missouri).