Page:United States Statutes at Large Volume 106 Part 4.djvu/309

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 3045 installments, due on the twenty-fifth day of each calendar month in the plan year. In the case of the plan year beginning February 1, 1993, the annual premium under subsection (a) shall be added to such premium for the plan year beginning October 1, 1993. "(2) DEDUCTIBILITY.— Any premium required by this section shall be deductible without regard to any limitation on deductibility based on the prefunding of health benefits. " (h) INFORMATION.— The trustees of the Combined Fund shall, not later than 60 days after the enactment date, furnish to the Secretary of Health and Human Services information as to the benefits and covered beneficiaries under the fund, and such other information as the Secretary may require to compute any premium under this section. " (i) TRANSITION RULES. — "(1) 1988 AGREEMENT OPERATORS. — "(A) 1ST YEAR COSTS. —During the plan year of the Combined Fund beginning February 1, 1993, the 1988 agreement operators shall make contributions to the Combined Fund in amounts necessary to pay benefits and administrative costs of the Combined Fund incurred during such year, reduced by the amount transferred to the Combined Fxmd under section 9705(a) on February 1, 1993. "(B) DEFICITS FROM MERGED PLANS. —During the period beginning February 1, 1993, and ending September 30, 1994, the 1988 agreement operators shall make contributions to the Combined Fund as are necessary to pay off the expenses accrued (and remaining unpaid) by the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan as of February 1, 1993, reduced by the assets of such plans as of such date. "(C) FAILURE.—I f any 1988 agreement operator fails to meet any obligation under this paragraph, any contributions of such operator to the Combined Fund or any other plan described in section 404(c) shall not be deductible under this title until such time as the failure is corrected. "(D) PREMIUM REDUCTIONS.— "(i) 1ST YEAR PAYMENTS. —In the case of a 1988 agreement operator making contributions under subparagraph (A), the premium of such operator under subsection (a) shall be reduced by the amount paid under subparagraph (A) by such operator for the plan year beginning February 1, 1993. "(ii) DEFICIT PAYMENTS.—In the case a 1988 agreement operator making contributions under subparagraph (B), the premium of such operator under subsection (a) shall be reduced by the amounts which are paid to the Combined Fund by reason of claims arising in connection with the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan as of February 1, 1993, including claims based on the 'evergreen clause' found in the language of the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan, and which are allocated to such operator under subparagraph (E). "(iii) LIMITATION.— Clause (ii) shall not apply to the extent the amounts paid exceed the contributions.

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