Page:United States Statutes at Large Volume 102 Part 1.djvu/649

 PUBLIC LAW 100-334-JUNE 16, 1988

102 STAT. 611

representation of such persons appropriate, the court, upon a motion by any party in interest, and after notice and a hearing, shall appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate, from among such persons, to serve as the authorized representative of such persons under this section. "(d) The court, upon a motion by any party in interest, and after notice and a hearing, shall appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate, to serve as the authorized representative, under this section, of those persons receiving any retiree benefits not covered by a collective bargaining agreement. "(e)(1) Notwithstanding any other provision of this title, the debtor in possession, or the trustee if one has been appointed under the provisions of this chapter (hereinafter in this section 'trustee' shall include a debtor in possession), shall timely pay and shall not modify any retiree benefite, except that— "(A) the court, on motion of the trustee or authorized representative, and after notice and a hearing, may order modification of such payments, pursuant to the provisions of subsections (g) and (h) of this section, or "(B) the trustee and the authorized representative of the payments, after which such benefits as modified shall continue to be paid by the trustee. "(2) Any payment for retiree benefits required to be made before a plan confirmed under section 1129 of this title is effective has the status of an allowed administrative expense as provided in section 503 of this title. "(f)(l) Subsequent to filing a petition and prior to filing an application seeking modification of the retiree benefits, the trustee shall— "(A) make a proposal to the authorized representative of the retirees, based on the most complete and reliable information ' available at the time of such proposal, which provides for those necessary modifications in the retiree benefits that are necessary to permit the reorganization of the debtor and assures that all creditors, the debtor and all of the affected parties are treated fairly and equitably; and "(B) provide, subject to subsection (k)(3), the representative of the retirees with such relevant information as is necessary to evaluate the proposal. "(2) During the period beginning on the date of the making of a roposal provided for in paragraph (1), and ending on the date of the earing provided for in subsection (k)(l)> the trustee shall meet, at reasonable times, with the autiborized representative to confer in good faith in attempting to reach mutually satisfactory modifications of such retiree benefits. "(g) The court shall enter an order providing for modification in the payment of retiree benefits if the courtfindstliat— "(1) the trustee has, prior to the hearing, made a proposal that fulfills the requirements of subsection (0; "(2) the authorized representative of the retirees has refused to accept such pr^xMal without good cause; cuid "(3) such modification is necessary to permit the reorganization of the debtor and assures that ail creditors, the debtor, and
 * recipients of those benefits may agree to modification of such

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