[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2788 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2788

  To amend the Surface Mining Control and Reclamation Act of 1977 to 
   transfer certain funds to the 1974 United Mine Workers of America 
                 Pension Plan, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 6, 2019

 Mr. Manchin (for himself, Mrs. Capito, Mr. McConnell, Mr. Jones, Mr. 
Kaine, Ms. Duckworth, Mr. Brown, Mr. Casey, Mr. Durbin, Mr. Warner, Mr. 
Portman, Ms. Sinema, and Mr. Van Hollen) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend the Surface Mining Control and Reclamation Act of 1977 to 
   transfer certain funds to the 1974 United Mine Workers of America 
                 Pension Plan, and for other purposes.

    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 ``Bipartisan American Miners Act of 
2019''.

SEC. 2. TRANSFERS TO 1974 UMWA PENSION PLAN.

    (a) In General.--Subsection (i) of section 402 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is 
amended--
            (1) in paragraph (3)(A), by striking ``$490,000,000'' and 
        inserting ``$750,000,000'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) Additional amounts.--
                    ``(A) Calculation.--If the dollar limitation 
                specified in paragraph (3)(A) exceeds the aggregate 
                amount required to be transferred under paragraphs (1) 
                and (2) for a fiscal year, the Secretary of the 
                Treasury shall transfer an additional amount equal to 
                the difference between such dollar limitation and such 
                aggregate amount to the trustees of the 1974 UMWA 
                Pension Plan to pay benefits required under that plan.
                    ``(B) Cessation of transfers.--The transfers 
                described in subparagraph (A) shall cease as of the 
                first fiscal year beginning after the first plan year 
                for which the funded percentage (as defined in section 
                432(j)(2) of the Internal Revenue Code of 1986) of the 
                1974 UMWA Pension Plan is at least 100 percent.
                    ``(C) Prohibition on benefit increases, etc.--
                During a fiscal year in which the 1974 UMWA Pension 
                Plan is receiving transfers under subparagraph (A), no 
                amendment of such plan which increases the liabilities 
                of the plan by reason of any increase in benefits, any 
                change in the accrual of benefits, or any change in the 
                rate at which benefits become nonforfeitable under the 
                plan may be adopted unless the amendment is required as 
                a condition of qualification under part I of subchapter 
                D of chapter 1 of the Internal Revenue Code of 1986.
                    ``(D) Critical status to be maintained.--Until such 
                time as the 1974 UMWA Pension Plan ceases to be 
                eligible for the transfers described in subparagraph 
                (A)--
                            ``(i) the Plan shall be treated as if it 
                        were in critical status for purposes of 
                        sections 412(b)(3), 432(e)(3), and 
                        4971(g)(1)(A) of the Internal Revenue Code of 
                        1986 and sections 302(b)(3) and 305(e)(3) of 
                        the Employee Retirement Income Security Act;
                            ``(ii) the Plan shall maintain and comply 
                        with its rehabilitation plan under section 
                        432(e) of such Code and section 305(e) of such 
                        Act, including any updates thereto; and
                            ``(iii) the provisions of subsections (c) 
                        and (d) of section 432 of such Code and 
                        subsections (c) and (d) of section 305 of such 
                        Act shall not apply.
                    ``(E) Treatment of transfers for purposes of 
                withdrawal liability under erisa.--The amount of any 
                transfer made under subparagraph (A) (and any earnings 
                attributable thereto) shall be disregarded in 
                determining the unfunded vested benefits of the 1974 
                UMWA Pension Plan and the allocation of such unfunded 
                vested benefits to an employer for purposes of 
                determining the employer's withdrawal liability under 
                section 4201 of the Employee Retirement Income Security 
                Act of 1974.
                    ``(F) Requirement to maintain contribution rate.--A 
                transfer under subparagraph (A) shall not be made for a 
                fiscal year unless the persons that are obligated to 
                contribute to the 1974 UMWA Pension Plan on the date of 
                the transfer are obligated to make the contributions at 
                rates that are no less than those in effect on the date 
                which is 30 days before the date of enactment of the 
                Bipartisan American Miners Act of 2019.
                    ``(G) Enhanced annual reporting.--
                            ``(i) In general.--Not later than the 90th 
                        day of each plan year beginning after the date 
                        of enactment of the Bipartisan American Miners 
                        Act of 2019, the trustees of the 1974 UMWA 
                        Pension Plan shall file with the Secretary of 
                        the Treasury or the Secretary's delegate and 
                        the Pension Benefit Guaranty Corporation a 
                        report (including appropriate documentation and 
                        actuarial certifications from the plan actuary, 
                        as required by the Secretary of the Treasury or 
                        the Secretary's delegate) that contains--
                                    ``(I) whether the plan is in 
                                endangered or critical status under 
                                section 305 of the Employee Retirement 
                                Income Security Act of 1974 and section 
                                432 of the Internal Revenue Code of 
                                1986 as of the first day of such plan 
                                year;
                                    ``(II) the funded percentage (as 
                                defined in section 432(j)(2) of such 
                                Code) as of the first day of such plan 
                                year, and the underlying actuarial 
                                value of assets and liabilities taken 
                                into account in determining such 
                                percentage;
                                    ``(III) the market value of the 
                                assets of the plan as of the last day 
                                of the plan year preceding such plan 
                                year;
                                    ``(IV) the total value of all 
                                contributions made during the plan year 
                                preceding such plan year;
                                    ``(V) the total value of all 
                                benefits paid during the plan year 
                                preceding such plan year;
                                    ``(VI) cash flow projections for 
                                such plan year and either the 6 or 10 
                                succeeding plan years, at the election 
                                of the trustees, and the assumptions 
                                relied upon in making such projections;
                                    ``(VII) funding standard account 
                                projections for such plan year and the 
                                9 succeeding plan years, and the 
                                assumptions relied upon in making such 
                                projections;
                                    ``(VIII) the total value of all 
                                investment gains or losses during the 
                                plan year preceding such plan year;
                                    ``(IX) any significant reduction in 
                                the number of active participants 
                                during the plan year preceding such 
                                plan year, and the reason for such 
                                reduction;
                                    ``(X) a list of employers that 
                                withdrew from the plan in the plan year 
                                preceding such plan year, and the 
                                resulting reduction in contributions;
                                    ``(XI) a list of employers that 
                                paid withdrawal liability to the plan 
                                during the plan year preceding such 
                                plan year and, for each employer, a 
                                total assessment of the withdrawal 
                                liability paid, the annual payment 
                                amount, and the number of years 
                                remaining in the payment schedule with 
                                respect to such withdrawal liability;
                                    ``(XII) any material changes to 
                                benefits, accrual rates, or 
                                contribution rates during the plan year 
                                preceding such plan year;
                                    ``(XIII) any scheduled benefit 
                                increase or decrease in the plan year 
                                preceding such plan year having a 
                                material effect on liabilities of the 
                                plan;
                                    ``(XIV) details regarding any 
                                funding improvement plan or 
                                rehabilitation plan and updates to such 
                                plan;
                                    ``(XV) the number of participants 
                                and beneficiaries during the plan year 
                                preceding such plan year who are active 
                                participants, the number of 
                                participants and beneficiaries in pay 
                                status, and the number of terminated 
                                vested participants and beneficiaries;
                                    ``(XVI) the information contained 
                                on the most recent annual funding 
                                notice submitted by the plan under 
                                section 101(f) of the Employee 
                                Retirement Income Security Act of 1974;
                                    ``(XVII) the information contained 
                                on the most recent Department of Labor 
                                Form 5500 of the plan; and
                                    ``(XVIII) copies of the plan 
                                document and amendments, other 
                                retirement benefit or ancillary benefit 
                                plans relating to the plan and 
                                contribution obligations under such 
                                plans, a breakdown of administrative 
                                expenses of the plan, participant 
                                census data and distribution of 
                                benefits, the most recent actuarial 
                                valuation report as of the plan year, 
                                copies of collective bargaining 
                                agreements, and financial reports, and 
                                such other information as the Secretary 
                                of the Treasury or the Secretary's 
                                delegate, in consultation with the 
                                Secretary of Labor and the Director of 
                                the Pension Benefit Guaranty 
                                Corporation, may require.
                            ``(ii) Electronic submission.--The report 
                        required under clause (i) shall be submitted 
                        electronically.
                            ``(iii) Information sharing.--The Secretary 
                        of the Treasury or the Secretary's delegate 
                        shall share the information in the report under 
                        clause (i) with the Secretary of Labor.
                            ``(iv) Penalty.--Any failure to file the 
                        report required under clause (i) on or before 
                        the date described in such clause shall be 
                        treated as a failure to file a report required 
                        to be filed under section 6058(a) of the 
                        Internal Revenue Code of 1986, except that 
                        section 6652(e) of such Code shall be applied 
                        with respect to any such failure by 
                        substituting `$100' for `$25'. The preceding 
                        sentence shall not apply if the Secretary of 
                        the Treasury or the Secretary's delegate 
                        determines that reasonable diligence has been 
                        exercised by the trustees of such plan in 
                        attempting to timely file such report.
                    ``(H) 1974 umwa pension plan defined.--For purposes 
                of this paragraph, the term `1974 UMWA Pension Plan' 
                has the meaning given the term in section 9701(a)(3) of 
                the Internal Revenue Code of 1986, but without regard 
                to the limitation on participation to individuals who 
                retired in 1976 and thereafter.''.
    (b) Effective Dates.--
            (1) In general.--The amendments made by this section shall 
        apply to fiscal years beginning after September 30, 2016.
            (2) Reporting requirements.--Section 402(i)(4)(G) of the 
        Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
        1232(i)(4)(G)), as added by this section, shall apply to plan 
        years beginning after the date of the enactment of this Act.

SEC. 3. INCLUSION IN MULTIEMPLOYER HEALTH BENEFIT PLAN.

    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 striking ``the Health Benefits for Miners Act of 
        2017'' both places it appears in clause (ii) and inserting 
        ``the Bipartisan American Miners Act of 2019'';
            (2) by striking ``, would be denied or reduced as a result 
        of a bankruptcy proceeding commenced in 2012 or 2015'' in 
        clause (ii)(II) and inserting ``or a related coal wage 
        agreement, would be denied or reduced as a result of a 
        bankruptcy proceeding commenced in 2012, 2015, 2018, or 2019'';
            (3) by striking ``and'' at the end of clause (ii)(I), by 
        striking the period at the end of clause (ii)(II) and inserting 
        ``; and'', and by inserting after clause (ii)(II) the following 
        new subclause:
                                    ``(III) the cost of administering 
                                the resolution of disputes process 
                                administered (as of the date of the 
                                enactment of the Bipartisan American 
                                Miners Act of 2019) by the Trustees of 
                                the Plan.'',
            (4) by striking ``January 1, 2017'' in clause (ii) and 
        inserting ``January 1, 2019''; and
            (5) by adding at the end the following new clause:
                            ``(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 the Internal Revenue Code of 
                                1986).''.

SEC. 4. REDUCTION IN MINIMUM AGE FOR ALLOWABLE IN-SERVICE 
              DISTRIBUTIONS.

    (a) In General.--Section 401(a)(36) of the Internal Revenue Code of 
1986 is amended by striking ``age 62'' and inserting ``age 59\1/2\''.
    (b) Application to Governmental Section 457(b) Plans.--Clause (i) 
of section 457(d)(1)(A) of the Internal Revenue Code of 1986 is amended 
by inserting ``(in the case of a plan maintained by an employer 
described in subsection (e)(1)(A), age 59\1/2\)'' before the comma at 
the end.
    (c) Effective Date.--The amendments made by this section shall 
apply to plan years beginning after December 31, 2019.
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