Page:United States Statutes at Large Volume 102 Part 1.djvu/648

 102 STAT. 610

PUBLIC LAW 100-334—JUNE 16, 1988

Public Law 100-334 100th Congress An Act June 16, 1988 [H.R. 2969]

To amend chapter 11 of title 11 of the United States Code to improve the treatment of claims for certain retiree benefits of former employees.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Retiree Benefits Btinkruptcy SECTION 1. SHORT TITLE. Protection Act of 1988. This Act may be cited as the Courts, U.S. 11 USC 101 note. tion Act of 1988". SEC. 2. RETIREE BENEFITS.

11 USC 1114.

"Retiree Benefits Bankruptcy Protec-

(a) BENEFITS.—Subchapter I of chapter 11 of title 11, United States Code, is amended by adding at the end thereof the following new section: "(a) For purposes of this section, the term 'retiree benefits' means payments to any entity or person for the purpose of providing or reimbursing pa3mients for retired employees and their spouses and dependents, for medical, surgical, or hospital care benefits, or benefits in the event of sickness, accident, disability, or death under any plan, fund, or program (through the purchase of insurance or otherwise) maintained or established in whole or in part by the debtor prior to filing a petition commencing a case under this title. "(b)(1) For purposes of this section, the term 'authorized representative' means the authorized representative designated pursuant to subsection (c) for persons receiving any retiree benefits covered by a collective bargaining agreement or subsection (d) in the case of persons receiving retiree benefits not covered by such an agreement. "(2) Committees of retired employees appointed by the court pursuant to this section shall have the same rights, powers, and duties as committees appointed under sections 1102 and 1103 of this title for the purpose of carrying out the purposes of sections 1114 and 1129(a)(13) and, as permitted by the court, shall have the power to enforce the rights of persons under this title as they relate to retiree benefits. "(c)(1) A labor organization shall be, for purposes of this section, the authorized representative of those persons receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, unless (A) such labor organization elects not to serve as the authorized representative of such persons, or (B) the court, upon a motion by any party in interest, after notice and hearing, determines that different representation of such persons is appropriate. "(2) In cases where the labor organization referred to in paragraph (1) elects not to serve as the authorized representative of those persons receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, or in cases where the court, pursuant to paragraph (1) finds different
 * '§ 1114. Payment of insurance benefits to retired employees

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