242 
then such common parent (and no other person) 
shall be liable for such premium. 
‘‘(2) ASSIGNED
OPERATORS
TO
WHICH
SUB-
SECTION APPLIES.— 
‘‘(A) IN GENERAL.—This subsection shall 
apply to any assigned operator if— 
‘‘(i) the assigned operator (or a re-
lated person to the assigned operator)— 
‘‘(I) made contributions to the 
1950 UMWA Benefit Plan and the 
1974 UMWA Benefit Plan for em-
ployment during the period covered by 
the 1988 agreement; and 
‘‘(II) is not a 1988 agreement 
operator, 
‘‘(ii) the assigned operator (and all re-
lated persons to the assigned operator) are 
not actively engaged in the production of 
coal as of July 1, 2005, and 
‘‘(iii) the assigned operator was, as of 
July 20, 1992, a member of a controlled 
group of corporations described in sub-
paragraph (B). 
‘‘(B) CONTROLLED
GROUP
OF
CORPORA-
TIONS.—A controlled group of corporations is 
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243 
described in this subparagraph if the common 
parent of such group is a corporation the shares 
of which are publicly traded on a United States 
exchange. 
‘‘(C) COORDINATION WITH REPEAL OF AS-
SIGNMENTS.—A person shall not fail to be 
treated as an assigned operator to which this 
subsection applies solely because the person 
ceases to be an assigned operator by reason of 
section 9706(h)(1) if the person otherwise 
meets the requirements of this subsection and 
is liable for the payment of premiums under 
section 9706(h)(3). 
‘‘(D) CONTROLLED GROUP.—For purposes 
of this subsection, the term ‘controlled group of 
corporations’ has the meaning given such term 
by section 52(a). 
‘‘(3) REQUIREMENTS.—A payment meets the 
requirements of this paragraph if— 
‘‘(A) the amount of the payment is not less 
than the present value of the total premium li-
ability under this chapter with respect to the 
Combined Fund of the assigned operators or re-
lated persons described in paragraph (1) or 
their assignees, as determined by the operator’s 
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244 
or related person’s enrolled actuary (as defined 
in section 7701(a)(35)) using actuarial methods 
and assumptions each of which is reasonable 
and which are reasonable in the aggregate, as 
determined by such enrolled actuary; 
‘‘(B) such enrolled actuary files with the 
Secretary of Labor a signed actuarial report 
containing— 
‘‘(i) the date of the actuarial valuation 
applicable to the report; and 
‘‘(ii) a statement by the enrolled actu-
ary signing the report that, to the best of 
the actuary’s knowledge, the report is com-
plete and accurate and that in the actu-
ary’s opinion the actuarial assumptions 
used are in the aggregate reasonably re-
lated to the experience of the operator and 
to reasonable expectations; and 
‘‘(C) 90 calendar days have elapsed after 
the report required by subparagraph (B) is filed 
with the Secretary of Labor, and the Secretary 
of Labor has not notified the assigned operator 
in writing that the requirements of this para-
graph have not been satisfied. 
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