[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1063 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1063

   To amend the USEC Privatization Act to authorize the Secretary of 
Energy to pay affected participants under a pension plan referred to in 
     the USEC Privatization Act for benefit increases not received.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2009

   Mr. Brown introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To amend the USEC Privatization Act to authorize the Secretary of 
Energy to pay affected participants under a pension plan referred to in 
     the USEC Privatization Act 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. SHORT TITLE.

    This Act may be cited as the ``USEC Privatization Amendments Act of 
2009''.

SEC. 2. AUTHORIZATION AND DETERMINATION OF BENEFITS FOR AFFECTED 
              PARTICIPANTS.

    (a) Authorization for Payment to Affected Participants.--To the 
extent provided in advance in appropriations Acts, the Secretary of 
Energy (referred to in this Act as the ``Secretary'')--
            (1) shall establish a program under which the Secretary 
        shall pay any affected participant described in subsection (b) 
        a one-time lump sum payment in an amount to be determined by 
        the Secretary under subsection (c); and
            (2) may contract for the procurement of information 
        necessary to enable the Secretary to effectively carry out the 
        provisions of this Act.
    (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.--
            (1) In general.--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 the total recoverable amount 
        described in paragraph (2) 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 (42 U.S.C. 2297h-8(a)(2)) 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).
            (2) Total recoverable amount.--For purposes of this 
        subsection, the total recoverable amount is an amount equal to 
        the excess of--
                    (A) the present value of benefits that would have 
                been accrued or accruable by all affected participants 
                under the pension plan from which the transfer under 
                section 3110(a)(2) of the USEC Privatization Act (42 
                U.S.C. 2297h-8(a)(2)) was made if such transfer had not 
                occurred and if benefit increases had occurred, in 
                connection with the transferred liabilities, under such 
                plan equivalent to benefit increases that have occurred 
                under such plan in connection with the other 
                liabilities under such plan, over
                    (B) the present value of benefits accrued or 
                accruable by all such affected participants under the 
                pension plan to which the transfer under section 
                3110(a)(2) of the USEC Privatization Act (42 U.S.C. 
                2297h-8(a)(2)) was made.
            (3) Considerations.--In determining a payment under this 
        section, the Secretary shall consider, with respect to the 
        pension plan from which the transfer under section 3110(a)(2) 
        of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was 
        made and the pension plan to which such transfer was made, 
        benefits accrued as of the date of enactment of this Act and 
        accruable through attainment of normal retirement age, assuming 
        continued service under the plan until attainment of such age 
        and the same rate of basic pay subject to increases reflective 
        of reasonably anticipated increases in the cost of living.
            (4) Successor plans.--For the purposes of paragraphs (2) 
        and (3), any reference to the pension plan from which the 
        transfer under section 3110(a)(2) of the USEC Privatization Act 
        (42 U.S.C. 2297h-8(a)(2)) was made shall include a reference to 
        any successor to such plan (other than the pension plan to 
        which the transfer required by such section was made) if such 
        successor plan received assets in excess of the actuarial 
        present value of accrued benefits under such plan upon 
        succession.
    (d) Pro Rata Reduction of Payment.--The Secretary shall provide for 
pro rata reductions in payment amounts determined by the Secretary 
under subsection (c) to affected participants described in subsection 
(b) to the extent necessary to adjust for amounts provided in 
appropriation Acts for purposes of the program under subsection (a).
    (e) Determination of Findings of Fact.--The Secretary may make 
findings of facts and decisions as to the rights of any affected 
participant applying for a payment under this Act.
    (f) Rulemaking.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall issue regulations to carry out this 
Act. Such regulations shall provide a requirement for applicants for 
payments under this Act to consent to the release of any information 
requested by the Secretary.
    (g) Public Notice.--To the extent practicable, the Secretary shall 
provide notice to individuals who may be eligible to receive a payment 
under this Act.
    (h) 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 enactment of 
        this Act;
            (2) in such manner; and
            (3) containing such information as the Secretary requires.
    (i) 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 (h).
    (j) Election To Treat Payment as Rollover Contribution to IRA.--
            (1) In general.--Any affected participant who receives a 
        payment under this Act 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 to 
        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.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such amounts as necessary to carry out 
this Act.
    (l) Hearing and Judicial Review.--
            (1) Hearing.--
                    (A) 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.
                    (B) 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.
                    (C) 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.
            (2) Judicial review.--
                    (A) 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.
                    (B) Jurisdiction and venue.--An action under this 
                Act 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.
                    (C) 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.
                    (D) 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.
                    (E) Change in secretary.--Any action instituted in 
                accordance with this Act shall survive notwithstanding 
                any change in the person occupying the office of 
                Secretary or any vacancy in such office.
    (m) Secretary's Responsibility; No Third Party Liability.--
            (1) Secretary's responsibility.--The Secretary shall be 
        responsible for all payments and costs under this Act, for 
        reporting payments to affected participants and the Internal 
        Revenue Service on Form number 1099R (or such other form as 
        required by the Internal Revenue Service) for income tax 
        purposes, and for answering questions relating to the 
        implementation of this Act for affected participants and 
        applicants for payment. In no event shall the current or former 
        employer of an affected participant or applicant be responsible 
        for providing communication, making payments, reporting 
        payments, answering questions, or providing calculations.
            (2) No third party liability.--Nothing in this Act shall be 
        deemed to impose any liability or cost, or authorize any claim 
        against the operator of the Department of Energy's uranium 
        enrichment facility in Paducah, Kentucky, or against any person 
        or entity other than the Secretary.
                                 <all>