Page:United States Statutes at Large Volume 92 Part 1.djvu/230

 92 STAT. 176

42 USC 1395. Payments to pension and welfare trust funds.

29 USC 1001 note. 29 USC 186.

29 USC 1001 note. Filing date.

Layoff and vacation replacement benefits, eligibility requirements.

PUBLIC LAW 95-250—MAR. 27, 1978 privileges based upon length of continuous service as are applied < under the affected employer's usual practices) under conditions ' no more burdensome to said employees than to those actively employed; and (2) continuing entitlement to health and welfare benefits and accrual of pension rights and credits based upon length of employment and/or amounts of earnings to the same extent as and at no greater cost to said employees than would have been applicable had they been actively employed. (b) The Secretary shall provide, additionally, for continuing entitlement to health and welfare benefits (other than group life and additional death, dismemberment, and loss of sight benefits) for employees who— (1) retired from employment with an affected employer for reasons other than disability on or after May 31, 1977, but not i later than September 30, 1984; (2) are receiving pension benefits under a plan financed by industry employers; (3) were age sixty-two or older but less than age sixty-five at the time of retirement; and (4) are not eligible for benefits under title X VIII of the Social Security Act. (c) The agreements described in subsection (a) of this section shall provide for the Secretary, effective October 1, 1977, to make payments on behalf of eligible affected employees including employees eligible for the benefits provided for in section 207(d) to the applicable pension and welfare trust funds and to insurance companies. Such payments may be made in the form of grants and/or contributions equivalent to the difference between the amounts payable by their affected employers and labor organizations pursuant to collective-bargaining agreements (or, in the absence of such agreements, pursuant to established practice) and the amounts that would have been paid by their affected employers and their labor organizations had said employees worked or received pay for the periods for which they receive layoff benefits: Provided, That no payment shall be made to a pension fund on behalf of an employee who is receiving a pension from such fund. For purposes of determining the amounts of contributions calculated on the basis of worked or compensable hours, layoff and vacation replacement benefits shall be converted into the hours they represent in accordance with regulations to be issued by the Secretary. (d) No person shall be subject to liability under the Employee Ketirement Income Security Act of 1974, section 302 of the LaborManagement Relations Act, 1947, or any other law, solely by reason of the receipt of payments from the Secretary or the payment of benefits to affected employees in accordance with this section. Receipt of such payments and the payment of such benefits are deemed to be consistent with any relevant plan documents. No action taken pursuant to this section shall be deemed to place the Secretary in the position of an employer or a party in interest (including a fiduciary) for purposes of the Employee Retirement Income Security Act of 1974. SEC. 205. (a) An application for unemployment compensation filed by a covered employee on or after the first Monday following the date of enactment shall be deemed an application for the benefits provided by this Act. (b) An affected employee shall be eligible (unless said employee has received a social security retirement or disability benefit or a pension under a plan contributed to by an affected employer) for layoff and

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