United Mine Workers of America Retiree Health Benefit Act of 1992

Summary

United Mine Workers of America Retiree Health Benefit Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to assure provision of health care to retired members of the United Mine Workers of America (UMWA) Union and their family dependents who receive health care benefits from the UMWA 1950 or 1974 Benefit Plans. Amends the IRC to provide for transfer of excess pension plan assets with respect to the 1950 Pension Plan, 1950 Benefit Plan, and 1974 Benefit Plan established by the UMWA and the Bituminous Coal Operators' Association, Inc. (BCOA). Amends ERISA (as amended by the Multiemployer Pension Plan Amendment Act of 1980) to provide for withdrawal from UMWA Benefit Plans. Establishes complete or partial withdrawal liability, with respect to coal industry health benefit plans for any employer which: (1) produced or processed more than 300,000 tons of coal during the term of the 1988 National Bituminous Coal Wage Agreement; and (2) is signatory to such Agreement or to a labor agreement entered subsequent to enactment of this Act which requires contributions to the UMWA 1950 or 1974 Benefit Plans or a continuation thereof. Sets forth requirements relating to: (1) determination and collection of such liability; (2) notification of employers; (3) complete withdrawals; (4) determinations of whether a sale of assets results in liability; (5) partial withdrawals; (6) adjustments for partial withdrawals; (7) method for computing withdrawal liability; (8) obligation to contribute; (9) special rules; (10) changes in business form or suspensions of contributions during a labor dispute not to be considered as withdrawals; (11) notice and collection of withdrawal liability; (12) resolution of disputes between an employer and a plan administrator; and (13) guarantee of funding, by the plan settlors (UMWA and BCOA) establishing a contribution rate payable to the plan by each employer. Directs the Secretary of Health and Human Services to establish an advisory committee of health care services provision experts to advise on appropriate changes in plan design and other policies and procedures to enhance cost-effective delivery of services to beneficiaries of the UMWA 1950 and 1974 Benefit Plans. Directs the Secretary to develop and promulgate rules binding on those Plans, which include establishment of a managed care network by allowing a point of service decision as to whether a network medical provider will be used. Requires any such managed care or cost containment program to have as a primary goal provision of quality medical care at or below medical price inflation. Sets forth major elements of such rules. Allows any beneficiary or affected party to petition the Secretary to amend or modify any such rule, or engage in further rulemaking (at the Secretary's discretion). Requires written approval by the Secretary before any action or change relating to the plan that would conflict with such rules may become effective, even if it is jointly agreed to by the settlors of the UMWA 1950 or 1974 Benefit Plans and trusts.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 8 April 1992

  Open at official source

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