Coal Healthcare and Pensions Protection Act of 2013 - Amends the Surface Mining Control and Reclamation Act of 1977 to address potential shortages in the Multiemployer Health Benefit Plan for payment of health care benefits to retired coal miners by expanding the eligible uses of interest transferable to the plan from the Abandoned Mine Reclamation Fund, and supplemental payments from the General Fund of the Treasury.
Requires calculation of such amount by taking into account only those beneficiaries who are actually enrolled in the plan as of enactment of this Act, as well as those retirees whose health benefits, payable directly by an employer in the bituminous coal industry under a coal wage agreement as a result of a bankruptcy proceeding commenced in 2012, would be denied or reduced.
Requires the Secretary of the Treasury to transfer to the trustees of the 1974 United Mine Workers of America (UMWA) Pension Plan a certain additional amount of funds, to pay pension benefits required under that plan, if the $490 million limitation on certain transfers to the UMWA Combined Benefit Fund and distributions to states and Indian tribes exceeds the aggregate amount required to be transferred to them.
Amends the Internal Revenue Code to prescribe a special rule that employer contributions to an employees' trust or annuity benefit plan providing supplemental benefits solely to participants in a pension plan are neither deductible nor nondeductible as such from the employer's gross income. Subjects such contributions, on the other hand, to deduction as an allowable trade or business expense.
Treats a trust holding the assets of such a pension benefit plan as a tax-exempt organization.
Excludes from taxable wages any payments made to, or on behalf of, an employee or his or her beneficiary under such a plan.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2918 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2918
To amend the Surface Mining Control and Reclamation Act of 1977 to
transfer certain funds to the Multiemployer Health Benefit Plan and the
1974 United Mine Workers of America Pension Plan.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 2013
Mr. McKinley (for himself, Mrs. Capito, Mr. Rahall, Mr. Johnson of
Ohio, Mr. Barr, Mr. Moran, Mr. Enyart, Mr. Bucshon, Mr. Stivers, Mr.
George Miller of California, Mr. Whitfield, Ms. Fudge, Ms. Schwartz,
Mr. Rodney Davis of Illinois, Mr. Turner, Mr. Clay, Mr. Joyce, Mr.
Gibbs, and Mr. Doyle) introduced the following bill; which was referred
to the Committee on Ways and Means, and in addition to the Committee on
Natural Resources, 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 amend the Surface Mining Control and Reclamation Act of 1977 to
transfer certain funds to the Multiemployer Health Benefit Plan and the
1974 United Mine Workers of America Pension Plan.
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 ``Coal Healthcare and Pensions
Protection Act of 2013''.
SEC. 2. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER HEALTH
BENEFIT PLAN.
Section 402 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232) is amended--
(1) in subsection (h)(2)(C)--
(A) by striking ``A transfer'' and inserting the
following:
``(i) Transfer to the plan.--A transfer'';
(B) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and moving such
subclauses 2 ems to the right; and
(C) by striking the matter following such subclause
(II) (as so redesignated) and inserting the following:
``(ii) Calculation of excess.--Such excess
shall be calculated by taking into account
only--
``(I) those beneficiaries actually
enrolled in the Plan as of the date of
enactment of the Coal Healthcare and
Pensions Protection Act of 2013, who
are eligible to receive health benefits
under the Plan on the first day of the
calendar year for which the transfer is
made; and
``(II) those beneficiaries whose
health benefits, defined as those
benefits payable directly by an
employer in the bituminous coal
industry under a coal wage agreement
(defined in section 9701(b)(1) of the
Internal Revenue Code of 1986) as a
result of a bankruptcy proceeding
commenced in 2012, would be denied or
reduced.
``(iii) Eligibility.--An individual
referred to in clause (ii)(II) shall be
considered eligible to receive health benefits
under the Plan.
``(iv) Requirements for transfer.--A
transfer under this subparagraph shall be in an
amount equal to the excess calculated under
clause (i), and reduced by any amount
transferred from a voluntary employees'
beneficiary association established as a result
of such bankruptcy proceeding to the Plan to
pay benefits required under the Plan.
``(v) VEBA transfer.--The administrator of
such voluntary employees' beneficiary
association shall transfer to the Plan any
amounts received as a result of such bankruptcy
proceeding, reduced by an amount for
administrative costs of such association.'';
and
(2) in subsection (i)--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) 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, not to
exceed 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) 1974 umwa pension plan defined.--In 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.''.
SEC. 3. SPECIAL RULE FOR CERTAIN SUPPLEMENTAL BENEFIT PLANS.
(a) In General.--Section 404 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(p) Special Rule for Certain Supplemental Benefit Plans.--
``(1) In general.--If contributions are paid by an employer
under a plan that provides supplemental benefits solely to
participants in a plan described in subsection (c) (or a
continuation thereof) that provides pension benefits, such
contributions shall not be deductible under this section nor be
made nondeductible by this section, but the deductibility
thereof shall be governed solely by section 162 (relating to
trade or business expenses).
``(2) Tax treatment of plan.--For purposes of this title,
the trust holding the assets of a plan to which paragraph (1)
applies shall be treated as an organization exempt from tax
under section 501(a).
``(3) Special rule for payments other than to or from a
trust.--For purposes of this subsection, payments made by an
employer to the trustees of a plan described in paragraph (1),
and benefits paid by the trustees of such plan, shall be
treated as contributions paid to, and benefits paid from, such
plan without regard to whether the contributions are paid into,
or benefits paid from, the trust holding the assets of such
plan.''.
(b) Exclusion From Wages.--
(1) Payroll taxes.--Paragraph (5) of section 3121(a) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``or'' at the end of subparagraph
(H);
(B) by adding ``or'' at the end of subparagraph
(I); and
(C) by adding at the end the following new
subparagraph:
``(J) under a plan to which section 404(p)(1)
applies;''.
(2) Collection of income tax at source.--Paragraph (12) of
section 3401(a) of such Code is amended by adding at the end
the following new subparagraph:
``(F) under a plan to which section 404(p)(1)
applies, or''.
(3) Unemployment taxes.--Section 3306(b) of such Code is
amended--
(A) by striking ``or'' at the end of paragraph
(19);
(B) by striking the period at the end of paragraph
(20) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(21) any payment made to or for the benefit of an
individual under a plan to which section 404(p)(1) applies.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Natural Resources, 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.
Referred to the Committee on Ways and Means, and in addition to the Committee on Natural Resources, 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.
Referred to the Subcommittee on Energy and Mineral Resources.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line