[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7195 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7195

 To entitle affected participants under a pension plan referred to in 
    the USEC Privatization Act to payment for benefit increases not 
                               received.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2008

  Mr. Whitfield of Kentucky introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
   the Committee on Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To entitle affected participants under a pension plan referred to in 
    the USEC Privatization Act to payment for benefit increases not 
                               received.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ENTITLEMENT AND DETERMINATION OF BENEFITS FOR AFFECTED 
              PARTICIPANTS.

    (a) Entitlement of Affected Participants.--Any affected participant 
described in subsection (b) is entitled to a one-time lump sum payment 
to be determined by the Secretary of Energy (hereinafter referred to as 
the ``Secretary'') under subsection (c).
    (b) Affected Participant.--For the purposes of this Act, an 
affected participant is a person described under section 3110(a)(6)(B) 
of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(6)(B)).
    (c) Determination of Payment for Affected Participants.--The 
Secretary shall pay an affected participant, pursuant to an application 
timely filed by such participant, a one-time lump sum payment equal to 
an amount which bears the same ratio to $48,700,000 as the actuarial 
present value of the accrued benefits of the affected participant under 
the pension plan from which a transfer of plan assets and liabilities 
required under section 3110(a)(2) of the USEC Privatization Act was 
made (as of immediately before the transfer) bears to the actuarial 
present value of the accrued benefits of all affected participants 
under the pension plan from which the transfer under such section was 
made (as of immediately before the transfer).
    (d) Determination of Findings of Fact.--The Secretary is directed 
to make findings of facts and decisions as to the rights of any 
affected participant applying for a payment under this Act.
    (e) Rulemaking.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary shall issue regulations to carry 
out this Act.
    (f) Public Notice.--To the extent practicable, the Secretary shall 
provide notice to individuals who may be eligible to receive a payment 
under this Act.
    (g) Application for Payment.--To be eligible for a payment under 
this Act, an affected participant shall prepare and submit to the 
Secretary an application--
            (1) not later than 240 days after the date of the enactment 
        of this Act;
            (2) in such manner; and
            (3) containing such information as the Secretary requires.
    (h) Timely Payments.--To the extent practicable, the Secretary 
shall determine and make a payment to an affected participant not later 
than 180 days after such participant's submission of an application for 
payment under subsection (g).
    (i) Election to Treat Payment as Rollover Contribution to IRA.--
            (1) In general.--Any affected participant who receives a 
        payment under this section may, at any time during the 1-year 
        period beginning on the day after the date on which such 
        payment was received, make one or more contributions in an 
        aggregate amount not to exceed the amount of such payment to an 
        individual retirement plan (as defined by section 7701(a)(37) 
        of the Internal Revenue Code of 1986).
            (2) Treatment of contributions to iras.--For purposes of 
        the Internal Revenue Code of 1986, if a contribution is made an 
        individual retirement plan pursuant to paragraph (1), then--
                    (A) except as provided in paragraph (3), such 
                contribution shall not be included in gross income, and
                    (B) to the extent of the amount of such 
                contribution, such contribution shall be treated--
                            (i) as a distribution described in section 
                        408(d)(3) of such Code, and
                            (ii) as having been transferred to the 
                        individual retirement account in a direct 
                        trustee to trustee transfer within 60 days of 
                        the distribution.
            (3) Special rule for roth iras.--If a contribution is made 
        under paragraph (1) to a Roth IRA, such contribution shall be 
        includible in gross income and, unless the taxpayer elects not 
        to have this clause apply, such contribution shall be so 
        included ratably over the 2-taxable-year period beginning with 
        the first taxable year in which such contribution is made.
    (j) Administrative Expenses.--There is authorized to be 
appropriated to the Secretary $1,300,000 to carry out this Act.

SEC. 2. HEARING AND JUDICIAL REVIEW.

    (a) Hearing.--
            (1) In general.--Upon request by any affected participant 
        applying for a payment under this Act, who makes a showing in 
        writing that such participant's rights may have been prejudiced 
        by any decision the Secretary has rendered, the Secretary shall 
        give such participant reasonable notice and opportunity for a 
        hearing with respect to such decision, and, if a hearing is 
        held, shall, on the basis of evidence adduced at the hearing, 
        affirm, modify, or reverse the Secretary's findings of fact and 
        such decision.
            (2) Request for hearing.--Any request for a hearing under 
        this subsection must be filed within 60 days after notice of a 
        decision by the Secretary is received by the affected 
        participant making such a request.
            (3) Secretary.--The Secretary is further authorized, on the 
        Secretary's own motion, to hold such hearings and to conduct 
        such investigations and other proceedings as the Secretary may 
        deem necessary or proper for the administration of this Act.
    (b) Judicial Review.--
            (1) In general.--Any affected participant, after any final 
        decision of the Secretary made after a hearing to which such 
        participant was a party, irrespective of the amount in 
        controversy, may obtain a review of such decision by a civil 
        action commenced within 60 days after the mailing to such 
        participant of notice of such decision or within such further 
        time as the Secretary may allow.
            (2) Jurisdiction and venue.--An action under this section 
        shall be brought in the district court of the United States for 
        the judicial district in which the affected participant 
        plaintiff resides, or where such plaintiff has a principal 
        place of business, or, if such plaintiff does not reside or 
        have a principal place of business within any such judicial 
        district, in the United States District Court for the District 
        of Columbia.
            (3) Judicial determination.--The court shall have power to 
        enter, upon the pleadings and transcript of the record, a 
        judgment affirming, modifying, or reversing the decision of the 
        Secretary, with or without remanding the cause for a rehearing.
            (4) Final judgment.--The judgment of the court shall be 
        final, except that it shall be subject to review in the same 
        manner as a judgment in other civil actions.
            (5) Change in secretary.--Any action instituted in 
        accordance with this section shall survive notwithstanding any 
        change in the person occupying the office of Secretary or any 
        vacancy in such office.

SEC. 3. CERTIFICATION FOR PAYMENT.

    (a) In General.--Upon final decision of the Secretary, or upon 
final judgment of any court of competent jurisdiction, that any 
affected participant is entitled to any payment under this Act, the 
Secretary shall certify to the Secretary of the Treasury the name and 
address of the person entitled to receive such payment, the amount of 
such payment, and the time at which such payment should be made, and 
the Secretary of the Treasury shall make payment in accordance with the 
certification of the Secretary.
    (b) Payment While Decision Is Under Review.--Where a review of the 
Secretary's decision is or may be sought under section 2, the Secretary 
may withhold certification of payment pending such review.
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