II 

111TH CONGRESS 

1ST SESSION S. 1063 

To amend the USEC Privatization Act 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 SENATE OF THE UNITED STATES 

MAY 18, 2009 

Mr. BROWN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the USEC Privatization Act 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘USEC Privatization 

5 Amendments Act of 2009’’. 


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1 SEC. 2. AUTHORIZATION AND DETERMINATION OF BENE2 FITS FOR AFFECTED PARTICIPANTS. 

3 (a) AUTHORIZATION FOR PAYMENT TO AFFECTED

4 PARTICIPANTS.—To the extent provided in advance in ap5 propriations Acts, the Secretary of Energy (referred to in 

6 this Act as the ‘‘Secretary’’)— 

7 (1) shall establish a program under which the 

8 Secretary shall pay any affected participant de9 scribed in subsection (b) a one-time lump sum pay10 ment in an amount to be determined by the Sec11 retary under subsection (c); and 

12 (2) may contract for the procurement of infor13 mation necessary to enable the Secretary to effec14 tively carry out the provisions of this Act. 

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

16 this Act, an affected participant is a person described 

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

18 Act (42 U.S.C. 2297h–8(a)(6)(B)). 

19 (c) DETERMINATION OF PAYMENT FOR AFFECTED

20 PARTICIPANTS.— 

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

22 affected participant, pursuant to an application 

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

24 sum payment equal to an amount which bears the 

25 same ratio to the total recoverable amount described 

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


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1 the accrued benefits of the affected participant 

2 under the pension plan from which a transfer of 

3 plan assets and liabilities required under section 

4 3110(a)(2) of the USEC Privatization Act (42 

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

6 before the transfer) bears to the actuarial present 

7 value of the accrued benefits of all affected partici8 pants under the pension plan from which the trans9 fer under such section was made (as of immediately 

10 before the transfer). 

11 (2) TOTAL RECOVERABLE AMOUNT.—For pur12 poses of this subsection, the total recoverable 

13 amount is an amount equal to the excess of— 

14 (A) the present value of benefits that 

15 would have been accrued or accruable by all af16 fected participants under the pension plan from 

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

18 the USEC Privatization Act (42 U.S.C. 2297h– 

19 8(a)(2)) was made if such transfer had not oc20 curred and if benefit increases had occurred, in 

21 connection with the transferred liabilities, under 

22 such plan equivalent to benefit increases that 

23 have occurred under such plan in connection 

24 with the other liabilities under such plan, over 


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1 (B) the present value of benefits accrued 

2 or accruable by all such affected participants 

3 under the pension plan to which the transfer 

4 under section 3110(a)(2) of the USEC Privat5 ization Act (42 U.S.C. 2297h–8(a)(2)) was 

6 made. 

7 (3) CONSIDERATIONS.—In determining a pay8 ment under this section, the Secretary shall con9 sider, with respect to the pension plan from which 

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

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

12 made and the pension plan to which such transfer 

13 was made, benefits accrued as of the date of enact14 ment of this Act and accruable through attainment 

15 of normal retirement age, assuming continued serv16 ice under the plan until attainment of such age and 

17 the same rate of basic pay subject to increases re18 flective of reasonably anticipated increases in the 

19 cost of living. 

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

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

22 plan from which the transfer under section 

23 3110(a)(2) of the USEC Privatization Act (42 

24 U.S.C. 2297h–8(a)(2)) was made shall include a ref25 erence to any successor to such plan (other than the 


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1 pension plan to which the transfer required by such 

2 section was made) if such successor plan received as3 sets in excess of the actuarial present value of ac4 crued benefits under such plan upon succession. 

5 (d) PRO RATA REDUCTION OF PAYMENT.—The Sec6 retary shall provide for pro rata reductions in payment 

7 amounts determined by the Secretary under subsection (c) 

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

9 extent necessary to adjust for amounts provided in appro10 priation Acts for purposes of the program under sub11 section (a). 

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

13 Secretary may make findings of facts and decisions as to 

14 the rights of any affected participant applying for a pay15 ment under this Act. 

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

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

18 regulations to carry out this Act. Such regulations shall 

19 provide a requirement for applicants for payments under 

20 this Act to consent to the release of any information re21 quested by the Secretary. 

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

23 Secretary shall provide notice to individuals who may be 

24 eligible to receive a payment under this Act. 


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

2 a payment under this Act, an affected participant shall 

3 prepare and submit to the Secretary an application— 

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

5 enactment of this Act; 

6 (2) in such manner; and 

7 (3) containing such information as the Sec8 retary requires. 

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

10 the Secretary shall determine and make a payment to an 

11 affected participant not later than 180 days after such 

12 participant’s submission of an application for payment 

13 under subsection (h). 

14 (j) ELECTION TO TREAT PAYMENT AS ROLLOVER

15 CONTRIBUTION TO IRA.— 

16 (1) IN GENERAL.—Any affected participant who 

17 receives a payment under this Act may, at any time 

18 during the 1-year period beginning on the day after 

19 the date on which such payment was received, make 

20 one or more contributions in an aggregate amount 

21 not to exceed the amount of such payment to an in22 dividual retirement plan (as defined by section 

23 7701(a)(37) of the Internal Revenue Code of 1986). 

24 (2) TREATMENT OF CONTRIBUTIONS TO

25 IRAS.—For purposes of the Internal Revenue Code 


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1 of 1986, if a contribution is made to an individual 

2 retirement plan pursuant to paragraph (1), then— 

3 (A) except as provided in paragraph (3), 

4 such contribution shall not be included in gross 

5 income, and 

6 (B) to the extent of the amount of such 

7 contribution, such contribution shall be treat8 ed— 

9 (i) as a distribution described in sec10 tion 408(d)(3) of such Code, and 

11 (ii) as having been transferred to the 

12 individual retirement account in a direct 

13 trustee to trustee transfer within 60 days 

14 of the distribution. 

15 (3) SPECIAL RULE FOR ROTH IRAS.—If a con16 tribution is made under paragraph (1) to a Roth 

17 IRA, such contribution shall be includible in gross 

18 income and, unless the taxpayer elects not to have 

19 this clause apply, such contribution shall be so in20 cluded ratably over the 2-taxable-year period begin21 ning with the first taxable year in which such con22 tribution is made. 

23 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Secretary such 

25 amounts as necessary to carry out this Act. 


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1 (l) HEARING AND JUDICIAL REVIEW.— 

2 (1) HEARING.— 

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

4 affected participant applying for a payment 

5 under this Act, who makes a showing in writing 

6 that such participant’s rights may have been 

7 prejudiced by any decision the Secretary has 

8 rendered, the Secretary shall give such partici9 pant reasonable notice and opportunity for a 

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

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

12 adduced at the hearing, affirm, modify, or re13 verse the Secretary’s findings of fact and such 

14 decision. 

15 (B) REQUEST FOR HEARING.—Any request 

16 for a hearing under this subsection must be 

17 filed within 60 days after notice of a decision 

18 by the Secretary is received by the affected par19 ticipant making such a request. 

20 (C) SECRETARY.—The Secretary is further 

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

22 hold such hearings and to conduct such inves23 tigations and other proceedings as the Sec24 retary may deem necessary or proper for the 

25 administration of this Act. 


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1 (2) JUDICIAL REVIEW.— 

2 (A) IN GENERAL.—Any affected partici3 pant, after any final decision of the Secretary 

4 made after a hearing to which such participant 

5 was a party, irrespective of the amount in con6 troversy, may obtain a review of such decision 

7 by a civil action commenced within 60 days 

8 after the mailing to such participant of notice 

9 of such decision or within such further time as 

10 the Secretary may allow. 

11 (B) JURISDICTION AND VENUE.—An ac12 tion under this Act shall be brought in the dis13 trict court of the United States for the judicial 

14 district in which the affected participant plain15 tiff resides, or where such plaintiff has a prin16 cipal place of business, or, if such plaintiff does 

17 not reside or have a principal place of business 

18 within any such judicial district, in the United 

19 States District Court for the District of Colum20 bia. 

21 (C) JUDICIAL DETERMINATION.—The 

22 court shall have power to enter, upon the plead23 ings and transcript of the record, a judgment 

24 affirming, modifying, or reversing the decision 


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1 of the Secretary, with or without remanding the 

2 cause for a rehearing. 

3 (D) FINAL JUDGMENT.—The judgment of 

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

5 subject to review in the same manner as a judg6 ment in other civil actions. 

7 (E) CHANGE IN SECRETARY.—Any action 

8 instituted in accordance with this Act shall sur9 vive notwithstanding any change in the person 

10 occupying the office of Secretary or any va11 cancy in such office. 

12 (m) SECRETARY’S RESPONSIBILITY; NO THIRD

13 PARTY LIABILITY.— 

14 (1) SECRETARY’S RESPONSIBILITY.—The Sec15 retary shall be responsible for all payments and 

16 costs under this Act, for reporting payments to af17 fected participants and the Internal Revenue Service 

18 on Form number 1099R (or such other form as re19 quired by the Internal Revenue Service) for income 

20 tax purposes, and for answering questions relating 

21 to the implementation of this Act for affected par22 ticipants and applicants for payment. In no event 

23 shall the current or former employer of an affected 

24 participant or applicant be responsible for providing 

25 communication, making payments, reporting payVerDate Nov 24 2008 23:46 May 18, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1063.IS S1063

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1 ments, answering questions, or providing calcula2 tions. 

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

4 this Act shall be deemed to impose any liability or 

5 cost, or authorize any claim against the operator of 

6 the Department of Energy’s uranium enrichment fa7 cility in Paducah, Kentucky, or against any person 

8 or entity other than the Secretary. 

Æ 


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