Directs the Secretary of Energy to establish a program for paying certain affected participants a one-time lump sum payment.
Defines affected participants as persons who retired from active employment at one of the gaseous diffusion plants of the United States Enrichment Corporation (USEC), or are employed by USEC's operating contractor, on or before its privatization date as vested participants in a pension plan maintained either by USEC's operating contractor or by a contractor employed prior to July 1, 1993, by the Department of Energy to operate a gaseous diffusion plant.
Prescribes a formula for the determination of such payments, based on the total recoverable amount of accrued pension benefits.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4082 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4082
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 HOUSE OF REPRESENTATIVES
November 16, 2009
Mr. Whitfield introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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. 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 section.
(b) Affected Participant.--For the purposes of this section, 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 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 section.
(f) Rulemaking.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall issue regulations to carry out this
section. Such regulations shall provide a requirement for applicants
for payments under this section 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 section.
(h) Application for Payment.--To be eligible for a payment under
this section, 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) Hearing and Judicial Review.--
(1) Hearing.--
(A) In general.--Upon request by any affected
participant applying for a payment under this section,
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 section.
(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
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.
(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 section shall survive
notwithstanding any change in the person occupying the
office of Secretary or any vacancy in such office.
(k) Secretary's Responsibility; No Third Party Liability.--
(1) Secretary's responsibility.--The Secretary shall be
responsible for all payments and costs under this section and
for answering questions relating to the implementation of this
section 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 section
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.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such amounts as necessary to carry out
this section.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Environment.
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