Page:United States Statutes at Large Volume 106 Part 4.djvu/319

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 3055 "(A) the payment of an annual prefunding premium for all eligible and potentially eligible beneficiaries attributable to a 1988 last signatory operator, "(B) the payment of a monthly per beneficiary premium by each 1988 last signatory operator for each eligible beneficiary of such operator who is described in subsection (b)(2) and who is receiving benefits under the 1992 UMWA Benefit Plan, and "(C) the provision of security (in the form of a bond, letter of credit or cash escrow) in an amount equal to a portion of the projected future cost to the 1992 UMWA Benefit Plan of providing health benefits for eligible and {>otentially eligible beneficiaries attributable to the 1988 ast signatory operator. If a 1988 last signatory operator is unable to provide the security required, the 1992 UMWA Benefit Plan shall require the operator to pay an annual prefunding premium that is greater than the premium OtfXl6]TVn.S6 £l,D13lic&.bl6 "(2) ADJUSTMENTS. —The 1992 UMWA Benefit Plan shall provide for— "(A) annual adjustments of the per beneficiary premium to cover changes in the cost of providing benefits to eligible beneficiaries, and "(B) adjustments as necessary to the annual prefunding premium to refiect changes in the cost of providing benefits to eligible beneficiaries for whom per beneficiary premiums £u*e not paid. "(3) ADDITIONAL LIABILITY.— Any last signatory operator who is not a 1988 last signatory operator shall pay the monthly per beneficiary premium under paragraph (1)(B) for each eligible beneficiary described in such paragraph attributable to that operator. "(4) JOINT AND SEVERAL LIABILITY. — A 1988 last signatory operator or last signatory operator described in paragraph (3), and any related person to any such operator, shall be jointly and severally liable with such operator for any amount required to be paid by such operator under this section. "(5) DEDUCTIBILITY. —Any premium required by this section shall be deductible without regard to any limitation on deductibility based on the prefunding of health benefits. "(6) 1988 LAST SIGNATORY OPERATOR. — For purposes of this section, the term '1988 last signatory operator* means a last signatory operator which is a 1988 agreement operator. Subchapter D—Other Provisions "Sec. 9721. Civil enforcement. "Sec. 9722. Sham transactions. • SEC. 9721. CIVIL ENFORCEMENT. "The provisions of section 4301 of the Employee Retirement Income Security Act of 1974 shall apply to any claim arising out of an obligation to pay any amount required to be paid by this chapter in the same manner as any claim arising out of an obligation to pay withdrawal liability under subtitle E of title IV of such Act. For purposes of the preceding sentence, a signatory operator and related persons shall be treated in the same manner as employers.

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