I 

116TH CONGRESS 

1ST SESSION H. R. 935 

To provide for transfers to the 1974 UMWA pension plan and a reduction 

in the minimum age for allowable in-service distributions. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 31, 2019 

Mr. MCKINLEY (for himself, Mr. BOST, Mr. RODNEY DAVIS of Illinois, Mr. 

WELCH, Mr. MOONEY of West Virginia, Mr. NORCROSS, Mr. LAMB, Mr. 

MICHAEL F. DOYLE of Pennsylvania, Mrs. MILLER, and Mr. 

FITZPATRICK) introduced the following bill; which was referred to the 

Committee on Natural Resources, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide for transfers to the 1974 UMWA pension plan 

and a reduction in the minimum age for allowable inservice distributions. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Miners Pension Protec5 tion Act’’. 


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1 SEC. 2. TRANSFERS TO 1974 UMWA PENSION PLAN. 

2 (a) IN GENERAL.—Subsection (i) of section 402 of 

3 the Surface Mining Control and Reclamation Act of 1977 

4 (30 U.S.C. 1232), as amended by the Further Continuing 

5 and Security Assistance Appropriations Act, 2017, is 

6 amended— 

7 (1) in paragraph (3)(A), by striking 

8 ‘‘$490,000,000’’ and inserting ‘‘$750,000,000’’; 

9 (2) by redesignating paragraph (4) as para10 graph (5); and 

11 (3) by inserting after paragraph (3) the fol12 lowing: 

13 ‘‘(4) ADDITIONAL AMOUNTS.— 

14 ‘‘(A) CALCULATION.—If the dollar limita15 tion specified in paragraph (3)(A) exceeds the 

16 aggregate amount required to be transferred 

17 under paragraphs (1) and (2) for a fiscal year, 

18 the Secretary of the Treasury shall transfer an 

19 additional amount equal to the difference be20 tween such dollar limitation and such aggregate 

21 amount to the trustees of the 1974 UMWA 

22 Pension Plan to pay benefits required under 

23 that plan. 

24 ‘‘(B) CESSATION OF TRANSFERS.—The 

25 transfers described in subparagraph (A) shall 

26 cease as of the first fiscal year beginning after 


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1 the first plan year for which the funded per2 centage (as defined in section 432(j)(2) of the 

3 Internal Revenue Code of 1986) of the 1974 

4 UMWA Pension Plan is at least 100 percent. 

5 ‘‘(C) PROHIBITION ON BENEFIT IN6 CREASES, ETC.—During a fiscal year in which 

7 the 1974 UMWA Pension Plan is receiving 

8 transfers under subparagraph (A), no amend9 ment of such plan which increases the liabilities 

10 of the plan by reason of any increase in bene11 fits, any change in the accrual of benefits, or 

12 any change in the rate at which benefits become 

13 nonforfeitable under the plan may be adopted 

14 unless the amendment is required as a condi15 tion of qualification under part I of subchapter 

16 D of chapter 1 of the Internal Revenue Code of 

17 1986. 

18 ‘‘(D) ENHANCED ANNUAL REPORTING.— 

19 ‘‘(i) IN GENERAL.—Not later than the 

20 90th day of each plan year beginning after 

21 the date of enactment of the Miners Pen22 sion Protection Act, the trustees of the 

23 1974 UMWA Pension Plan shall file with 

24 the Secretary of the Treasury or the Sec25 retary’s delegate and the Pension Benefit 


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1 Guaranty Corporation a report (including 

2 appropriate documentation and actuarial 

3 certifications from the plan actuary, as re4 quired by the Secretary of the Treasury or 

5 the Secretary’s delegate) that contains— 

6 ‘‘(I) whether the plan is in en7 dangered or critical status under sec8 tion 305 of the Employee Retirement 

9 Income Security Act of 1974 and sec10 tion 432 of the Internal Revenue Code 

11 of 1986 as of the first day of such 

12 plan year; 

13 ‘‘(II) the funded percentage (as 

14 defined in section 432(j)(2) of such 

15 Code) as of the first day of such plan 

16 year, and the underlying actuarial 

17 value of assets and liabilities taken 

18 into account in determining such per19 centage; 

20 ‘‘(III) the market value of the as21 sets of the plan as of the last day of 

22 the plan year preceding such plan 

23 year; 


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1 ‘‘(IV) the total value of all con2 tributions made during the plan year 

3 preceding such plan year; 

4 ‘‘(V) the total value of all bene5 fits paid during the plan year pre6 ceding such plan year; 

7 ‘‘(VI) cash flow projections for 

8 such plan year and either the 6 or 10 

9 succeeding plan years, at the election 

10 of the trustees, and the assumptions 

11 relied upon in making such projec12 tions; 

13 ‘‘(VII) funding standard account 

14 projections for such plan year and the 

15 9 succeeding plan years, and the as16 sumptions relied upon in making such 

17 projections; 

18 ‘‘(VIII) the total value of all in19 vestment gains or losses during the 

20 plan year preceding such plan year; 

21 ‘‘(IX) any significant reduction 

22 in the number of active participants 

23 during the plan year preceding such 

24 plan year, and the reason for such re25 duction; 


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1 ‘‘(X) a list of employers that 

2 withdrew from the plan in the plan 

3 year preceding such plan year, and 

4 the resulting reduction in contribu5 tions; 

6 ‘‘(XI) a list of employers that 

7 paid withdrawal liability to the plan 

8 during the plan year preceding such 

9 plan year and, for each employer, a 

10 total assessment of the withdrawal li11 ability paid, the annual payment 

12 amount, and the number of years re13 maining in the payment schedule with 

14 respect to such withdrawal liability; 

15 ‘‘(XII) any material changes to 

16 benefits, accrual rates, or contribution 

17 rates during the plan year preceding 

18 such plan year; 

19 ‘‘(XIII) any scheduled benefit in20 crease or decrease in the plan year 

21 preceding such plan year having a 

22 material effect on liabilities of the 

23 plan; 


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1 ‘‘(XIV) details regarding any 

2 funding improvement plan or rehabili3 tation plan and updates to such plan; 

4 ‘‘(XV) the number of partici5 pants and beneficiaries during the 

6 plan year preceding such plan year 

7 who are active participants, the num8 ber of participants and beneficiaries in 

9 pay status, and the number of termi10 nated vested participants and bene11 ficiaries; 

12 ‘‘(XVI) the information contained 

13 on the most recent annual funding no14 tice submitted by the plan under sec15 tion 101(f) of the Employee Retire16 ment Income Security Act of 1974; 

17 ‘‘(XVII) the information con18 tained on the most recent Department 

19 of Labor Form 5500 of the plan; and 

20 ‘‘(XVIII) copies of the plan docu21 ment and amendments, other retire22 ment benefit or ancillary benefit plans 

23 relating to the plan and contribution 

24 obligations under such plans, a break25 down of administrative expenses of 


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1 the plan, participant census data and 

2 distribution of benefits, the most re3 cent actuarial valuation report as of 

4 the plan year, copies of collective bar5 gaining agreements, and financial re6 ports, and such other information as 

7 the Secretary of the Treasury or the 

8 Secretary’s delegate, in consultation 

9 with the Secretary of Labor and the 

10 Director of the Pension Benefit Guar11 anty Corporation, may require. 

12 ‘‘(ii) ELECTRONIC SUBMISSION.—The 

13 report required under clause (i) shall be 

14 submitted electronically. 

15 ‘‘(iii) INFORMATION SHARING.—The 

16 Secretary of the Treasury or the Sec17 retary’s delegate shall share the informa18 tion in the report under clause (i) with the 

19 Secretary of Labor. 

20 ‘‘(iv) PENALTY.—Any failure to file 

21 the report required under clause (i) on or 

22 before the date described in such clause 

23 shall be treated as a failure to file a report 

24 required to be filed under section 6058(a) 

25 of the Internal Revenue Code of 1986, exVerDate Sep 11 2014 04:49 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H935.IH H935

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1 cept that section 6652(e) of such Code 

2 shall be applied with respect to any such 

3 failure by substituting ‘$100’ for ‘$25’. 

4 The preceding sentence shall not apply if 

5 the Secretary of the Treasury or the Sec6 retary’s delegate determines that reason7 able diligence has been exercised by the 

8 trustees of such plan in attempting to 

9 timely file such report. 

10 ‘‘(E) 1974 UMWA PENSION PLAN DE11 FINED.—For purposes of this paragraph, the 

12 term ‘1974 UMWA Pension Plan’ has the 

13 meaning given the term in section 9701(a)(3) 

14 of the Internal Revenue Code of 1986, but 

15 without regard to the limitation on participation 

16 to individuals who retired in 1976 and there17 after.’’. 

18 (b) EFFECTIVE DATES.— 

19 (1) IN GENERAL.—The amendments made by 

20 this section shall apply to fiscal years beginning 

21 after September 30, 2016. 

22 (2) REPORTING REQUIREMENTS.—Section 

23 402(i)(4)(F) of the Surface Mining Control and Rec24 lamation Act of 1977 (30 U.S.C. 1232(i)(4)(F)), as 


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1 added by this section, shall apply to plan years be2 ginning after the date of the enactment of this Act. 

3 SEC. 3. REDUCTION IN MINIMUM AGE FOR ALLOWABLE IN4 SERVICE DISTRIBUTIONS. 

5 (a) IN GENERAL.—Section 401(a)(36) of the Internal 

6 Revenue Code of 1986 is amended by striking ‘‘age 62’’ 

and inserting ‘‘age 591 7 ⁄2’’. 

8 (b) APPLICATION TO GOVERNMENTAL SECTION

9 457(b) PLANS.—Section 457(d)(1)(A)(i) of such Code is 

10 amended by inserting ‘‘(in the case of a plan maintained 

11 by an employer described in subsection (e)(1)(A), age 

591 12 ⁄2)’’ before the comma at the end. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to plan years beginning after De15 cember 31, 2017. 

Æ 


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