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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2418 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2418

  To amend title 11 and title 29, United States Code, to increase the 
  amount of unsecured claims for salaries and wages given priority in 
bankruptcy, to provide for payments to retirees to compensate for lost 
health insurance benefits resulting from the bankruptcy of their former 
employer, to protect the health benefits of employees and retirees, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 3, 2014

 Mr. Rockefeller (for himself and Ms. Warren) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend title 11 and title 29, United States Code, to increase the 
  amount of unsecured claims for salaries and wages given priority in 
bankruptcy, to provide for payments to retirees to compensate for lost 
health insurance benefits resulting from the bankruptcy of their former 
employer, to protect the health benefits of employees and retirees, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Bankruptcy 
Fairness and Employee Benefits Protection Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
 TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES

Sec. 101. Prohibition of unfair reductions to employee and retiree 
                            benefits.
Sec. 102. Payment of insurance benefits to retirees.
Sec. 103. Fair treatment of compensation.
Sec. 104. Venue; change of venue.
Sec. 105. Protection of benefits in chapter 9 bankruptcy.
Sec. 106. Requirement to make pension contributions.
      TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS

Sec. 201. Notification of extent to which health benefits can be 
                            modified or terminated.
Sec. 202. Protection of retirees under certain collectively bargained 
                            agreements.
Sec. 203. Comptroller General report.

 TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES

SEC. 101. PROHIBITION OF UNFAIR REDUCTIONS TO EMPLOYEE AND RETIREE 
              BENEFITS.

    (a) Collective Bargaining Agreements.--Section 1113 of title 11, 
United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``necessary 
                modifications in the employees benefits and protections 
                that are necessary to permit the reorganization of the 
                debtor'' and insert ``minimum modifications in the 
                employees benefits and protections that are necessary 
                to prevent the liquidation of the debtor''; and
                    (B) by adding at the end the following:
            ``(3)(A) If the proposal made under paragraph (1) provides 
        for a modification of the health insurance benefits of 
        employees of the debtor, the proposal shall provide for a 
        modification of the health insurance benefits of officers and 
        directors of the debtor--
                    ``(i) to, at a minimum, be comparable to the 
                modification of health insurance benefits of employees 
                of the debtor; and
                    ``(ii) such that the health insurance benefits of 
                officers and directors are not more generous than those 
                of employees of the debtor.
            ``(B) If the proposal made under paragraph (1) provides for 
        a modification of any benefit of employees of the debtor other 
        than health insurance benefits, including wages and pension 
        benefits, the proposal shall provide for a modification of such 
        benefit of officers and directors of the debtor that is, at a 
        minimum, in an amount equal to the percentage by which such 
        benefit of employees of the debtor was modified.'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``subsection 
                (b)(1)'' and inserting ``paragraphs (1) and (3) of 
                subsection (b)'';
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) the debtor established by clear and convincing 
        evidence that any modification of the benefits and protections 
        of an employee of the debtor proposed under subsection (b)(1) 
        is the minimum modification necessary to prevent the 
        liquidation of the debtor;''; and
            (3) by adding at the end the following:
    ``(g) The rejection of a collective bargaining agreement under this 
section constitutes a breach of the agreement, and shall entitle 
employees of the debtor to a claim for damages.''.
    (b) Health Insurance Benefits of Retired Employees.--Section 1114 
of title 11, United States Code, is amended--
            (1) in subsection (f)--
                    (A) in paragraph (1)(A), by striking ``necessary 
                modifications in the retiree benefits that are 
                necessary to permit the reorganization of the debtor'' 
                and insert ``minimum modifications in the retiree 
                benefits that are necessary to prevent the liquidation 
                of the debtor''; and
                    (B) by adding at the end the following:
    ``(3) If the proposal made under paragraph (1) provides for a 
modification of the health insurance benefits of retired employees of 
the debtor, the proposal shall provide for a modification of the health 
insurance benefits of officers and directors of the debtor--
            ``(A) to, at a minimum, be comparable to the modification 
        of health insurance benefits of retired employees of the 
        debtor; and
            ``(B) such that the health insurance benefits of officers 
        and directors are not more generous than those of retired 
        employees of the debtor.''; and
            (2) in subsection (g)(3), by striking ``necessary to permit 
        the reorganization of the debtor'' and insert ``the minimum 
        modification necessary to prevent the liquidation of the 
        debtor''.

SEC. 102. PAYMENT OF INSURANCE BENEFITS TO RETIREES.

    (a) In General.--Section 1114(j) of title 11, United States Code, 
is amended to read as follows:
    ``(j)(1) No claim for retiree benefits shall be limited by section 
502(b)(7).
    ``(2)(A) A retired employee whose retiree benefits are modified 
under subsection (e)(1) or (g) shall have a claim in an amount equal to 
the value of the retiree benefits lost as a result of the modification, 
which shall be reduced by the amount paid by a debtor under 
subparagraph (B).
    ``(B)(i) In accordance with section 1129(a)(13)(B), a debtor shall 
pay a retired employee with a claim under subparagraph (A)--
            ``(I) cash in an amount equal to the 2-year cost of 
        premiums for continuation coverage (as defined in section 602 
        of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1162)) for the retired employee under section 602(3) of 
        the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1162(3)); or
            ``(II) if the retired employee is not eligible for 
        continuation coverage, cash in an amount equal to the 2-year 
        cost of premiums for a comparable health insurance plan offered 
        through a State Exchange, Federally Facilitated Exchange, or 
        Federal-State Partnership Exchange established under the 
        Patient Protection and Affordable Care Act (42 U.S.C. 18001 et 
        seq.).
    ``(ii) Notwithstanding clause (i), if the court determines it to be 
in the interest of fairness and equity, the court may require a debtor 
to pay a retired employee with a claim under subparagraph (A) cash in 
an amount equal to the cost of premiums for continuation coverage under 
clause (i)(I) or for a comparable health insurance plan under clause 
(i)(II) for a period of more than 2 years.
    ``(iii) The amount paid by a debtor under this subparagraph shall 
not exceed the amount of the claim under subparagraph (A).
    ``(C) Any amount of the claim under subparagraph (A) that is not 
paid under subparagraph (B) shall be a general unsecured claim.''.
    (b) Confirmation of Plan.--Section 1129(a)(13) of title 11, United 
States Code, is amended to read as follows:
            ``(13) The plan provides--
                    ``(A) for the continuation, after the effective 
                date of the plan, of the payment of all retiree 
                benefits (as defined in section 1114(a)), at the level 
                established pursuant to subsection (e)(1) or (g) of 
                section 1114, at any time before the confirmation of 
                the plan, for the duration of the period the debtor has 
                obligated itself to provide such benefits; and
                    ``(B) that the holder of a claim under section 
                1114(j)(2)(A) shall receive from the debtor, on the 
                effective date of the plan, cash equal to the amount 
                calculated under section 1114(j)(2)(B).''.

SEC. 103. FAIR TREATMENT OF COMPENSATION.

    (a) Prohibition of Bonus Payments.--Section 503(c) of title 11, 
United States Code, is amended--
            (1) in paragraph (2)(B), by striking ``or'' at the end;
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) a bonus payment to an insider of the debtor, 
        including an incentive-based bonus payment; or''.
    (b) Increased Priority Claim Amount for Employee Wages and 
Benefits.--Section 507(a) of title 11, United States Code, is amended--
            (1) in paragraph (4)--
                    (A) by striking ``$10,000'' and inserting 
                ``$25,000''; and
                    (B) by striking ``180 days'' and inserting ``1 
                year''; and
            (2) in paragraph (5)--
                    (A) in subparagraph (A), by striking ``180 days'' 
                and inserting ``1 year''; and
                    (B) in subparagraph (B)(i), by striking ``$10,000'' 
                and inserting ``$25,000''.
    (c) Recovery of Excess Compensation.--Section 547 of title 11, 
United States Code, is amended by adding at the end the following:
    ``(j) The court, upon motion of a party in interest, may prohibit a 
transfer of compensation made to an insider of the debtor within 1 year 
before the date on which the petition is filed if the court finds, 
after notice and hearing, that the transfer--
            ``(1) was not made in the ordinary course of business; or
            ``(2) resulted in unjust enrichment.''.

SEC. 104. VENUE; CHANGE OF VENUE.

    Chapter 87 of title 28, United States Code, is amended--
            (1) by amending section 1408 to read as follows:
``Sec. 1408. Venue of cases under title 11
    ``Except as provided in section 1410, a case under title 11 shall 
be commenced in the district court for the district in which the 
largest share of employees, retired employees, physical assets, and 
operations of the person or entity that is the subject of the case were 
located in the year immediately preceding the commencement of the 
case.''; and
            (2) in section 1412, by striking ``to a district court for 
        another district'' and inserting ``to the district court for 
        the district in which the principal place of business in the 
        United States of the person or entity that is the subject of 
        the case was located in the year immediately preceding the 
        commencement of the case''.

SEC. 105. PROTECTION OF BENEFITS IN CHAPTER 9 BANKRUPTCY.

    Section 901(a) of title 11, United States Code, is amended--
            (1) by inserting ``507(a)(4), 507(a)(5),'' after 
        ``507(a)(2)'';
            (2) by inserting ``1113, 1114,'' after ``1111(b)''; and
            (3) by inserting ``1129(a)(13),'' after ``1129(a)(10)''.

SEC. 106. REQUIREMENT TO MAKE PENSION CONTRIBUTIONS.

    (a) Requirement To Pay Minimum Funding Contributions.--Subchapter I 
of chapter 11 of title 11, United States Code, is amended by adding at 
the end the following:
``Sec. 1117. Duty of debtor in possession to make required pension 
              contributions
    ``(a) Definitions.--In this section--
            ``(1) the term `pension plan' has the meaning given that 
        term under section 3 of the Employee Retirement Income Security 
        Act of 1974 (29 U.S.C. 1002); and
            ``(2) the term `required pension contributions' means 
        contributions necessary to satisfy the minimum funding 
        standards under sections 412 and 430 of the Internal Revenue 
        Code of 1986 and sections 302 and 303 of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1082 and 
        1083), including any required installment contributions.
    ``(b) Requirement.--A debtor in possession that sponsors a pension 
plan or is a member of the controlled group with respect to such a 
plan, or the trustee of the debtor in possession, shall--
            ``(1) make all required pension contributions to the 
        pension plan that become due after the filing of the petition; 
        and
            ``(2) make such contributions on or before the due dates 
        specified in section 430(j) of the Internal Revenue Code and 
        section 303(j) of the Employee Retirement Income Security Act 
        of 1974 (29 U.S.C. 1083(j)).''.
    (b) Treatment as Administrative Expenses.--Section 503(b) of title 
11, United States Code, is amended--
            (1) in paragraph (8)(B), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) any required pension contributions under section 
        1117 due to be made after the filing of the petition that are 
        unpaid.''.
    (c) Perfection of Statutory Liens for Missed Pension 
Contributions.--Section 362(b) of title 11, United States Code, is 
amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(29) under subsection (a), of any act to perfect, or to 
        maintain or continue the perfection of, a statutory lien 
        imposed by section 430(k) of the Internal Revenue Code of 1986 
        or section 303(k) of the Employee Retirement Income Security 
        Act (29 U.S.C. 1083(k)) (which shall not be voidable under 
        section 545 of this title), for failure to make contribution 
        payments required under those sections, without regard to 
        whether such contributions became due or whether such lien 
        arose before or after the filing of the petition.''.

      TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS

SEC. 201. NOTIFICATION OF EXTENT TO WHICH HEALTH BENEFITS CAN BE 
              MODIFIED OR TERMINATED.

    (a) Inclusion in Summary Plan Description.--Section 102(b) of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) is 
amended by inserting ``; in the case of a group health plan (as so 
defined), whether the provisions of the plan permit the plan sponsor or 
any employer participating in the plan to unilaterally modify or 
terminate the benefits under the plan with respect to employees, 
retired employees, and beneficiaries, and when and to what extent 
benefits under the plan are fully vested with respect to employees, 
retired employees, and beneficiaries'' after ``the name and address of 
such issuer''.
    (b) Presumption That Retired Employee Health Benefits Cannot Be 
Modified or Terminated.--Section 502 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end 
the following new subsection:
    ``(n) In the case of a suit brought under this title by a 
participant or beneficiary relating to benefits of a retired employee 
or the dependents of a retired employee under a group health plan (as 
defined in section 733(a)(1)), the presumption for purposes of such 
suit shall be that as of the date an employee retires or completes 20 
years of service with the employer, benefits available under the plan 
during retirement of the employee are fully vested and cannot be 
modified or terminated for the life of the employee or, if longer, the 
life of the employee's spouse. This presumption can be overcome only 
upon a showing, by clear and convincing evidence, that the terms of the 
group health plan allow for a modification or termination of benefits 
available under the plan and that the employee, prior to becoming a 
participant in the plan, was made aware, in clear and unambiguous 
terms, that the plan allowed for such modification or termination of 
benefits.''.

SEC. 202. PROTECTION OF RETIREES UNDER CERTAIN COLLECTIVELY BARGAINED 
              AGREEMENTS.

    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is 
amended by adding at the end the following:
    ``(h) It shall be an unfair labor practice for any labor 
organization and any employer to enter into any contract or agreement, 
express or implied, whereby the organization and employer agree to 
modify the terms of any previous agreement in a manner that would 
result in a reduction or termination of retiree health insurance 
benefits provided to an employee or a dependent of an employee under 
the previous agreement, if such modification of the terms of the 
previous agreement occurs after the date on which the employee 
retires.''.

SEC. 203. COMPTROLLER GENERAL REPORT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on the strategies that corporations 
use to avoid obligations to pay promised employee and retiree benefits.
    (b) Contents.--The report under subsection (a) shall include a 
discussion of--
            (1) the use of spin-offs, mergers, subsidiaries, 
        bankruptcies, asset sales, and other strategies to avoid 
        obligations to pay promised employee and retiree benefits;
            (2) the impact of such avoidance on the financial, 
        physical, and mental well-being of employees and retirees;
            (3) the impact on Federal and State budgets when employers 
        terminate or reduce the benefits of employees and retirees, 
        including the costs that are incurred when employees and 
        retirees seek assistance from Federal and State government 
        programs and services as a result of the termination or 
        reduction of their employment-related benefits; and
            (4) recommendations to prevent corporations from evading 
        contractual obligations to pay employee and retiree benefits.
                                 <all>
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