I 

111TH CONGRESS 

1ST SESSION H. R. 4082 

To authorize the Secretary of Energy to pay affected participants under 

a pension plan referred to in the USEC Privatization Act for benefit 

increases not received. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2009 

Mr. WHITFIELD introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To authorize the Secretary of Energy to pay affected participants under a pension plan referred to in the USEC 

Privatization Act for benefit increases not received. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTHORIZATION AND DETERMINATION OF 

4 BENEFITS FOR AFFECTED PARTICIPANTS. 

5 (a) AUTHORIZATION FOR PAYMENT TO AFFECTED

6 PARTICIPANTS.—To the extent provided in advance in ap7 propriations Acts, the Secretary of Energy (referred to in 

8 this Act as the ‘‘Secretary’’)— 


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1 (1) shall establish a program under which the 

2 Secretary shall pay any affected participant de3 scribed in subsection (b) a one-time lump sum pay4 ment in an amount to be determined by the Sec5 retary under subsection (c); and 

6 (2) may contract for the procurement of infor7 mation necessary to enable the Secretary to effec8 tively carry out the provisions of this section. 

9 (b) AFFECTED PARTICIPANT.—For the purposes of 

10 this section, an affected participant is a person described 

11 under section 3110(a)(6)(B) of the USEC Privatization 

12 Act (42 U.S.C. 2297h–8(a)(6)(B)). 

13 (c) DETERMINATION OF PAYMENT FOR AFFECTED

14 PARTICIPANTS.— 

15 (1) IN GENERAL.—The Secretary shall pay an 

16 affected participant, pursuant to an application 

17 timely filed by such participant, a one-time lump 

18 sum payment equal to an amount which bears the 

19 same ratio to the total recoverable amount described 

20 in paragraph (2) as the actuarial present value of 

21 the accrued benefits of the affected participant 

22 under the pension plan from which a transfer of 

23 plan assets and liabilities required under section 

24 3110(a)(2) of the USEC Privatization Act (42 

25 U.S.C. 2297h–8(a)(2)) was made (as of immediately 


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1 before the transfer) bears to the actuarial present 

2 value of the accrued benefits of all affected partici3 pants under the pension plan from which the trans4 fer under such section was made (as of immediately 

5 before the transfer). 

6 (2) TOTAL RECOVERABLE AMOUNT.—For pur7 poses of this subsection, the total recoverable 

8 amount is an amount equal to the excess of— 

9 (A) the present value of benefits that 

10 would have been accrued or accruable by all af11 fected participants under the pension plan from 

12 which the transfer under section 3110(a)(2) of 

13 the USEC Privatization Act was made if such 

14 transfer had not occurred and if benefit in15 creases had occurred, in connection with the 

16 transferred liabilities, under such plan equiva17 lent to benefit increases that have occurred 

18 under such plan in connection with the other li19 abilities under such plan, over 

20 (B) the present value of benefits accrued 

21 or accruable by all such affected participants 

22 under the pension plan to which the transfer 

23 under section 3110(a)(2) of the USEC Privat24 ization Act (42 U.S.C. 2297h–8(a)(2)) was 

25 made. 


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1 (3) CONSIDERATIONS.—In determining a pay2 ment under this section, the Secretary shall con3 sider, with respect to the pension plan from which 

4 the transfer under section 3110(a)(2) of the USEC 

5 Privatization Act (42 U.S.C. 2297h–8(a)(2)) was 

6 made and the pension plan to which such transfer 

7 was made, benefits accrued as of the date of enact8 ment of this Act and accruable through attainment 

9 of normal retirement age, assuming continued serv10 ice under the plan until attainment of such age and 

11 the same rate of basic pay subject to increases re12 flective of reasonably anticipated increases in the 

13 cost of living. 

14 (4) SUCCESSOR PLANS.—For the purposes of 

15 paragraphs (2) and (3), any reference to the pension 

16 plan from which the transfer under section 

17 3110(a)(2) of the USEC Privatization Act (42 

18 U.S.C. 2297h–8(a)(2)) was made shall include a ref19 erence to any successor to such plan (other than the 

20 pension plan to which the transfer required by such 

21 section was made) if such successor plan received as22 sets in excess of the actuarial present value of ac23 crued benefits under such plan upon succession. 

24 (d) PRO RATA REDUCTION OF PAYMENT.—The Sec25 retary shall provide for pro rata reductions in payment 


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1 amounts determined by the Secretary under subsection (c) 

2 to affected participants described in subsection (b) to the 

3 extent necessary to adjust for amounts provided in appro4 priation Acts for purposes of the program under sub5 section (a). 

6 (e) DETERMINATION OF FINDINGS OF FACT.—The 

7 Secretary may make findings of facts and decisions as to 

8 the rights of any affected participant applying for a pay9 ment under this section. 

10 (f) RULEMAKING.—Not later than 60 days after the 

11 date of enactment of this Act, the Secretary shall issue 

12 regulations to carry out this section. Such regulations 

13 shall provide a requirement for applicants for payments 

14 under this section to consent to the release of any informa15 tion requested by the Secretary. 

16 (g) PUBLIC NOTICE.—To the extent practicable, the 

17 Secretary shall provide notice to individuals who may be 

18 eligible to receive a payment under this section. 

19 (h) APPLICATION FOR PAYMENT.—To be eligible for 

20 a payment under this section, an affected participant shall 

21 prepare and submit to the Secretary an application— 

22 (1) not later than 240 days after the date of 

23 enactment of this Act; 

24 (2) in such manner; and 


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1 (3) containing such information as the Sec2 retary requires. 

3 (i) TIMELY PAYMENTS.—To the extent practicable, 

4 the Secretary shall determine and make a payment to an 

5 affected participant not later than 180 days after such 

6 participant’s submission of an application for payment 

7 under subsection (h). 

8 (j) HEARING AND JUDICIAL REVIEW.— 

9 (1) HEARING.— 

10 (A) IN GENERAL.—Upon request by any 

11 affected participant applying for a payment 

12 under this section, who makes a showing in 

13 writing that such participant’s rights may have 

14 been prejudiced by any decision the Secretary 

15 has rendered, the Secretary shall give such par16 ticipant reasonable notice and opportunity for a 

17 hearing with respect to such decision, and, if a 

18 hearing is held, shall, on the basis of evidence 

19 adduced at the hearing, affirm, modify, or re20 verse the Secretary’s findings of fact and such 

21 decision. 

22 (B) REQUEST FOR HEARING.—Any request 

23 for a hearing under this subsection must be 

24 filed within 60 days after notice of a decision 


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1 by the Secretary is received by the affected par2 ticipant making such a request. 

3 (C) SECRETARY.—The Secretary is further 

4 authorized, on the Secretary’s own motion, to 

5 hold such hearings and to conduct such inves6 tigations and other proceedings as the Sec7 retary may deem necessary or proper for the 

8 administration of this section. 

9 (2) JUDICIAL REVIEW.— 

10 (A) IN GENERAL.—Any affected partici11 pant, after any final decision of the Secretary 

12 made after a hearing to which such participant 

13 was a party, irrespective of the amount in con14 troversy, may obtain a review of such decision 

15 by a civil action commenced within 60 days 

16 after the mailing to such participant of notice 

17 of such decision or within such further time as 

18 the Secretary may allow. 

19 (B) JURISDICTION AND VENUE.—An ac20 tion under this section shall be brought in the 

21 district court of the United States for the judi22 cial district in which the affected participant 

23 plaintiff resides, or where such plaintiff has a 

24 principal place of business, or, if such plaintiff 

25 does not reside or have a principal place of 


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1 business within any such judicial district, in the 

2 United States District Court for the District of 

3 Columbia. 

4 (C) JUDICIAL DETERMINATION.—The 

5 court shall have power to enter, upon the plead6 ings and transcript of the record, a judgment 

7 affirming, modifying, or reversing the decision 

8 of the Secretary, with or without remanding the 

9 cause for a rehearing. 

10 (D) FINAL JUDGMENT.—The judgment of 

11 the court shall be final, except that it shall be 

12 subject to review in the same manner as a judg13 ment in other civil actions. 

14 (E) CHANGE IN SECRETARY.—Any action 

15 instituted in accordance with this section shall 

16 survive notwithstanding any change in the per17 son occupying the office of Secretary or any va18 cancy in such office. 

19 (k) SECRETARY’S RESPONSIBILITY; NO THIRD

20 PARTY LIABILITY.— 

21 (1) SECRETARY’S RESPONSIBILITY.—The Sec22 retary shall be responsible for all payments and 

23 costs under this section and for answering questions 

24 relating to the implementation of this section for af25 fected participants and applicants for payment. In 


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1 no event shall the current or former employer of an 

2 affected participant or applicant be responsible for 

3 providing communication, making payments, report4 ing payments, answering questions, or providing cal5 culations. 

6 (2) NO THIRD PARTY LIABILITY.—Nothing in 

7 this section shall be deemed to impose any liability 

8 or cost, or authorize any claim against the operator 

9 of the Department of Energy’s uranium enrichment 

10 facility in Paducah, Kentucky, or against any person 

11 or entity other than the Secretary. 

12 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary such 

14 amounts as necessary to carry out this section. 

Æ 


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