192
immediate appeal under section 1291(a) of title 28. 
Notwithstanding any other provision of law, once 
such a transfer has been made, the assets of the 
Fund shall be available to satisfy any final judgment 
entered in such an action and no longer subject to 
any appeal or review, (i) declaring that the transfer 
effected a taking of a right or property for which an 
individual is constitutionally entitled to just com-
pensation, or (ii) requiring the transfer back to a 
trust of any or all assets transferred by that trust 
to the Fund. 
‘‘(4) JURISDICTION.—Solely for purposes of im-
plementing this subsection, personal jurisdiction over 
every covered trust, the trustees thereof, and any 
other necessary party, and exclusive subject matter 
jurisdiction over every question arising out of or re-
lated to this subsection, shall be vested in the United 
States District Court for the District of Columbia. 
Notwithstanding any other provision of law, includ-
ing section 1127 of this title, that court may make 
any order necessary and appropriate to facilitate 
prompt compliance with this subsection, including 
assuming jurisdiction over and modifying, to the ex-
tent necessary, any applicable confirmation order or 
other order with continuing and prospective applica-
193
tion to a covered trust. The court may also resolve 
any related challenge to the constitutionality of this 
subsection or of its application to any trust, trustee, 
or individual claimant. The Administrator of the 
Fund may bring an action seeking such an order or 
modification, under the standards of rule 60(b) of 
the Federal Rules of Civil Procedure or otherwise, 
and shall be entitled to intervene as of right in any 
action brought by any other party seeking interpre-
tation, application, or invalidation of this subsection. 
Any order denying relief that would facilitate prompt 
compliance with the transfer provisions of this sub-
section shall be subject to immediate appeal under 
section 1291(a) of title 28.’’. 
(g) NO AVOIDANCE OF TRANSFER.—Section 546 of 
title 11, United States Code, is amended by adding at the 
end the following: 
‘‘(h) Notwithstanding the rights and powers of a 
trustee under sections 544, 545, 547, 548, 549, and 550 
of this title, if a debtor is a participant (as that term is 
defined in section 3 of the Fairness in Asbestos Injury 
Resolution Act of 2005), the trustee may not avoid a 
transfer made by the debtor under its payment obligations 
under section 202 or 203 of that Act.’’.
194
(h) CONFIRMATION OF PLAN.—Section 1129(a) of 
title 11, United States Code, is amended by adding at the 
end the following: 
‘‘(14) If the debtor is a participant (as that 
term is defined in section 3 of the Fairness in As-
bestos Injury Resolution Act of 2005), the plan pro-
vides for the continuation after its effective date of 
payment of all payment obligations under title II of 
that Act.’’. 
(i) EFFECT
ON INSURANCE RECEIVERSHIP PRO-
CEEDINGS.—
(1) LIEN.—In an insurance receivership pro-
ceeding involving a direct insurer, reinsurer or run-
off participant, there shall be a lien in favor of the 
Fund for the amount of any assessment and any 
such lien shall be given priority over all other claims 
against the participant in receivership, except for the 
expenses of administration of the receivership. Any 
State law that provides for priorities inconsistent 
with this provision is preempted by this Act. 
(2) PAYMENT
OF
ASSESSMENT.—Payment of 
any assessment required by this Act shall not be 
subject to any automatic or judicially entered stay in 
any insurance receivership proceeding. This Act shall 
preempt any State law requiring that payments by
195
a direct insurer, reinsurer or runoff participant in 
an insurance receivership proceeding be approved by 
a court, receiver or other person. Payments of as-
sessments by any direct insurer or reinsurer partici-
pant under this Act shall not be subject to the avoid-
ance powers of a receiver or a court in or relating 
to an insurance receivership proceeding. 
SEC. 403. EFFECT ON OTHER LAWS AND EXISTING CLAIMS. 
(a) EFFECT ON FEDERAL AND STATE LAW.—The 
provisions of this Act shall supersede any and all Federal 
and State laws insofar as they may relate to any asbestos 
claim, including any claim described in subsection (d)(2). 
(b) SUPERSEDING PROVISIONS.—
(1) IN
GENERAL.—Any agreement, under-
standing, or undertaking by any person or affiliated 
group with respect to the treatment of any asbestos 
claim that requires future performance by any party, 
insurer of such party, settlement administrator, or 
escrow agent shall be superseded in its entirety by 
this Act. 
(2) NO FORCE OR EFFECT.—Any such agree-
ment, understanding, or undertaking by any such 
person or affiliated group shall be of no force or ef-
fect, and no person shall have any rights or claims 
with respect to any of the foregoing.
196
(c) EXCLUSIVE REMEDY.—The remedies provided 
under this Act shall be the exclusive remedy for any asbes-
tos claim, including any claim described in subsection 
(d)(2), under any Federal or State law. 
(d) BAR ON ASBESTOS CLAIMS.—
(1) IN GENERAL.—No asbestos claim, including 
any claim described in subsection (d)(2), may be 
pursued and no pending asbestos claim may be 
maintained in any Federal or State court, except for 
enforcement of claims for which an order or judg-
ment has been duly entered by a court that is no 
longer subject to any appeal or judicial review before 
the date of enactment of this Act. 
(2) CERTAIN SPECIFIED CLAIMS.—
(A) IN GENERAL.—Subject to section 404 
(d) and (e)(3) of this Act, no claim may be 
brought or pursued in any Federal or State 
court or insurance receivership proceeding—
(i) relating to any default, confessed 
or stipulated judgment on an asbestos 
claim if the judgment debtor expressly 
agreed, in writing or otherwise, not to con-
test the entry of judgment against it and 
the plaintiff expressly agreed, in writing or 
otherwise, to seek satisfaction of the judg-
197
ment only against insurers or in bank-
ruptcy; 
(ii) relating to the defense, investiga-
tion, handling, litigation, settlement or 
payment of any asbestos claim by any par-
ticipant, including claims for bad faith or 
unfair or deceptive claims handling or 
breach of any duties of good faith; or 
(iii) arising out of or relating to the 
asbestos-related injury of any individual 
and—
(I) asserting any conspiracy, con-
cert of action, aiding or abetting, act, 
conduct, statement, misstatement, un-
dertaking, publication, omission, or 
failure to detect, speak, disclose, pub-
lish or warn relating to the presence 
or health effects of asbestos or the 
use, sale, distribution, manufacture, 
production, development, inspection, 
advertising, marketing or installation 
of asbestos; or 
(II) asserting any conspiracy, 
act, conduct, statement, omission or 
failure to detect, disclose or warn re-
198
lating to the presence or health effects 
of asbestos or the use, sale, distribu-
tion, manufacture, production, devel-
opment, inspection, advertising, mar-
keting or installation of asbestos, as-
serted as or in a direct action against 
an insurer or reinsurer based upon 
any theory, statutory, contract, tort or 
otherwise; or 
(iv) by any third party, and premised 
on any theory, allegation or cause of ac-
tion, for reimbursement of health care 
costs allegedly associated with the use of 
or exposure to asbestos, whether such 
claim is asserted directly, indirectly or de-
rivatively. 
(B) EXCEPTIONS.—Subparagraph (A) (ii) 
and (iii) shall not apply to claims against par-
ticipants by persons—
(i) with whom the participant is in 
privity of contract; 
(ii) who have received an assignment 
of insurance rights not otherwise voided by 
this Act; or
199
(iii) who are beneficiaries covered by 
the express terms of a contract with that 
participant. 
(3) PREEMPTION.—Any action asserting an as-
bestos claim, including a claim described in sub-
section (d)(2), in any Federal or State court, except 
actions for which an order or judgment has been 
duly entered by a court that is no longer subject to 
any appeal or judicial review before the date of en-
actment of this Act, is preempted by this Act. 
(4) DISMISSAL.—No judgment other than a 
judgment of dismissal may be entered in any such 
action, including an action pending on appeal, or on 
petition or motion for discretionary review, on or 
after the date of enactment of this Act. A court may 
dismiss any such action on its motion. If the court 
denies the motion to dismiss, it shall stay further 
proceedings until final disposition of any appeal 
taken under this Act. 
(5) REMOVAL.—
(A) IN
GENERAL.—If an action in any 
State court under paragraph (3) is not dis-
missed, or if an order entered after the date of 
enactment of this Act purporting to enter judg-
ment or deny review is not rescinded and re-
200
placed with an order of dismissal within 30 
days after the filing of a motion by any party 
to the action advising the court of the provi-
sions of this Act, any party may remove the 
case to the district court of the United States 
for the district in which such action is pending. 
(B) TIME LIMITS.—For actions originally 
filed after the date of enactment of this Act, the 
notice of removal shall be filed within the time 
limits specified in section 1441(b) of title 28, 
United States Code. 
(C) PROCEDURES.—The procedures for re-
moval and proceedings after removal shall be in 
accordance with sections 1446 through 1450 of 
title 28, United States Code, except as may be 
necessary to accommodate removal of any ac-
tions pending (including on appeal) on the date 
of enactment of this Act. 
(D) JURISDICTION.—The jurisdiction of 
the district court shall be limited to—
(i) determining whether removal was 
proper; and 
(ii) determining whether the claim 
presented is an asbestos claim as defined 
by this Act.
201
(6) CREDITS.—If, notwithstanding the express 
intent of Congress stated in this section, any court 
finally determines for any reason that an asbestos 
claim including a claim described under paragraph 
(2) for which, before the date of enactment of this 
Act, there had been no order or judgment duly en-
tered by a court no longer subject to any appeal or 
review, is not subject to the exclusive remedy or pre-
emption provisions of this section, then any partici-
pant required to satisfy a final judgment executed 
with respect to any such claim may elect to receive 
a credit against any assessment owed to the Fund 
equal to the amount of the payment made with re-
spect to such executed judgment. The Administrator 
shall require participants seeking credit under this 
section to demonstrate that the participant timely 
pursued all available remedies, including remedies 
available under this section to obtain dismissal of 
the claim, and that the participant notified the Ad-
ministrator at least 20 days before the expiration of 
any period within which to appeal the denial of a 
motion to dismiss based on this section. The Admin-
istrator may require such participant to furnish such 
further information as is necessary and appropriate 
to establish eligibility for and the amount of the
202
credits. The Administrator may intervene in any ac-
tion in which a credit may be due under this section. 
SEC. 404. EFFECT ON INSURANCE AND REINSURANCE CON-
TRACTS. 
(a) EROSION OF INSURANCE COVERAGE LIMITS.—
(1) DEFINITIONS.—In this section, the fol-
lowing definitions shall apply: 
(A) DEEMED
EROSION
AMOUNT.—The 
term ‘‘deemed erosion amount’’ means the 
amount of erosion deemed to occur at enact-
ment under paragraph (2). 
(B) EARLY
SUNSET.—The term ‘‘early 
sunset’’ means an event causing termination of 
the program under section 405(f) which relieves 
the insurer participants of paying some portion 
of 
the 
aggregate 
payment 
level 
of 
$46,025,000,000 
required 
in 
section 
212(a)(2)(A). 
(C) 
EARNED
EROSION
AMOUNT.—The 
term ‘‘earned erosion amount’’ means, in the 
event of any early sunset under section 405(f), 
the percentage, as set forth in the following 
schedule, depending on the year in which the 
defendant participants’ funding obligations end, 
of those amounts which, at the time of the early
203
sunset, a defendant participant has paid to the 
fund and remains obligated to pay into the 
fund.
Year After Enactment In Which Defendant 
Participant’ss Funding Obligation Ends: 
Applica-
ble Per-
centage: 
10 ....................................................................................................
70.78
11 ....................................................................................................
68.75
12 ....................................................................................................
67.06
13 ....................................................................................................
65.63
14 ....................................................................................................
64.40
15 ....................................................................................................
63.33
16 ....................................................................................................
62.40
17 ....................................................................................................
61.58
18 ....................................................................................................
60.39
19 ....................................................................................................
59.33
20 ....................................................................................................
58.38
21 ....................................................................................................
57.51
22 ....................................................................................................
56.36
23 ....................................................................................................
55.31
24 ....................................................................................................
56.71
25 ....................................................................................................
58.11
26 ....................................................................................................
59.51
(D) REMAINING
AGGREGATE
PRODUCTS 
LIMITS.—The term ‘‘remaining aggregate prod-
ucts limits’’ means aggregate limits that apply 
to insurance coverage granted under the ‘‘prod-
ucts hazard’’, ‘‘completed operations hazard’’, 
or ‘‘Products—Completed Operations Liability’’ 
in any comprehensive general liability policy 
issued between calendar years 1940 and 1986 
to cover injury which occurs in any State, as re-
duced by—
(i) any existing impairment of such 
aggregate limits as of the date of enact-
ment of this Act; and
204
(ii) the resolution of claims for reim-
bursement or coverage of liability or paid 
or incurred loss for which notice was pro-
vided to the insurer before the date of en-
actment of this Act. 
(E) SCHEDULED
PAYMENT
AMOUNTS.—
The term ‘‘scheduled payment amounts’’ means 
the future payment obligation to the Fund 
under this Act from a defendant participant in 
the amount established under sections 203 and 
204. 
(F) UNEARNED
EROSION
AMOUNT.—The 
term ‘‘unearned erosion amount’’ means, in the 
event of any early sunset under section 405(f), 
the difference between the deemed erosion 
amount and the earned erosion amount. 
(2) QUANTUM AND TIMING OF EROSION.—
(A) EROSION
UPON
ENACTMENT.—The 
collective payment obligations to the Fund of 
the insurer and reinsurer participants as as-
sessed by the Administrator shall be deemed as 
of the date of enactment of this Act to erode re-
maining aggregate products limits available to a 
defendant participant only in an amount of
205
59.64 percent of each defendant participant’s 
scheduled payment amount. 
(B) NO
EROSION
UPON
CONTINGENT 
CALL.—Any contingent payment required by 
the Administrator of any defendant participant 
shall not be deemed to erode remaining aggre-
gate product limits. 
(C) NO ASSERTION OF CLAIM.—No insurer 
or reinsurer may assert any claim against a de-
fendant participant or captive insurer for insur-
ance, reinsurance, payment of a deductible, or 
retrospective premium adjustment arising out 
of that insurer or reinsurer’s payments to the 
Fund or the erosion deemed to occur under this 
section. 
(D) POLICIES WITHOUT CERTAIN LIMITS 
OR WITH EXCLUSION.—Other than under sub-
paragraph (F), nothing in this section shall re-
quire or permit the erosion of any insurance 
policy or limit that does not contain an aggre-
gate products limit, or that contains an asbes-
tos exclusion. 
(E) 
TREATMENT
OF
CONSOLIDATION 
ELECTION.—If an affiliated group elects con-
solidation as provided in section 204(f), the
206
total erosion of limits for the affiliated group 
under paragraph (2)(A) shall not exceed 59.64 
percent of the scheduled payment amount of 
the single payment obligation for the entire af-
filiated group. The total erosion of limits for 
any individual defendant participant in the af-
filiated group shall not exceed its individual 
share of 59.64 percent of the affiliated group’s 
scheduled payment amount, as measured by the 
individual defendant participant’s percentage 
share of the affiliated group’s prior asbestos ex-
penditures. 
(F) RULE
OF
CONSTRUCTION.—Notwith-
standing any other provision of this section, 
nothing in this Act shall be deemed to erode re-
maining aggregate products limits of a defend-
ant participant that can demonstrate by a pre-
ponderance of the evidence that 75 percent of 
its prior asbestos expenditures were made in de-
fense or satisfaction of asbestos claims alleging 
bodily injury arising exclusively from the expo-
sure to asbestos at premises owned, rented, or 
controlled by the defendant participant (a 
‘‘premises defendant’’). In calculating such per-
centage, where expenditures were made in de-
207
fense or satisfaction of asbestos claims alleging 
bodily injury due to exposure to the defendant 
participant’s products and to asbestos at prem-
ises owned, rented or controlled by the defend-
ant participant, half of such expenditures shall 
be deemed to be for such premises exposures. 
In the event that a defendant participant estab-
lishes itself as a premises defendant, 75 percent 
of the payments by such defendant participant 
shall erode coverage limits, if any, applicable to 
premises liabilities under applicable law. 
(3) METHOD OF EROSION.—
(A) ALLOCATION.—The amount of erosion 
allocated to each defendant participant shall be 
allocated among periods in which policies with 
remaining aggregate product limits are avail-
able to that defendant participant pro rata by 
policy period, in ascending order by attachment 
point. 
(B) OTHER EROSION METHODS.—
(i) IN
GENERAL.—Notwithstanding 
subparagraph (A), the method of erosion 
of any remaining aggregate products limits 
which are subject to—
208
(I) a coverage-in-place or settle-
ment agreement between a defendant 
participant and 1 or more insurance 
participants as of the date of enact-
ment; or 
(II) a final and nonappealable 
judgment as of the date of enactment 
or resulting from a claim for coverage 
or reimbursement pending as of such 
date, shall be as specified in such 
agreement or judgment with regard to 
erosion applicable to such insurance 
participants’ policies. 
(ii) REMAINING LIMITS.—To the ex-
tent that a final nonappealable judgment 
or settlement agreement to which an in-
surer participant and a defendant partici-
pant are parties in effect as of the date of 
enactment of this Act extinguished a de-
fendant participant’s right to seek coverage 
for asbestos claims under an insurer par-
ticipant’s policies, any remaining limits in 
such policies shall not be considered to be 
remaining aggregate products limits under 
subsection (a)(1)(A).
209
(4) RESTORATION
OF
AGGREGATE
PRODUCT 
LIMITS UPON EARLY SUNSET.—
(A) RESTORATION.—In the event of an 
early sunset, any unearned erosion amount will 
be deemed restored as aggregate products limits 
available to a defendant participant as of the 
date of enactment. 
(B) METHOD OF RESTORATION.—The un-
earned erosion amount will be deemed restored 
to each defendant participant’s policies in such 
a manner that the last limits that were deemed 
eroded at enactment under this subsection are 
deemed to be the first limits restored upon 
early sunset. 
(C) TOLLING OF COVERAGE CLAIMS.—In 
the event of an early sunset, the applicable stat-
ute of limitations and contractual provisions for 
the filing of claims under any insurance policy 
with restored aggregate product limits shall be 
deemed tolled after the date of enactment 
through the date 6 months after the date of 
early sunset. 
(5) PAYMENTS BY DEFENDANT PARTICIPANT.—
Payments made by a defendant participant shall be 
deemed to erode, exhaust or otherwise satisfy appli-
210
cable self-insured retentions, deductibles, retrospec-
tively rated premiums, and limits issued by non-
participating insolvent or captive insurance compa-
nies. Reduction of remaining aggregate limits under 
this subsection shall not limit the right of a defend-
ant participant to collect from any insurer not a par-
ticipant. 
(6) EFFECT ON OTHER INSURANCE CLAIMS.—
Other than as specified in this subsection, this Act 
does not alter, change, modify, or affect insurance 
for claims other than asbestos claims. 
(b) DISPUTE RESOLUTION PROCEDURE.—
(1) ARBITRATION.—The parties to a dispute re-
garding the erosion of insurance coverage limits 
under this section may agree in writing to settle 
such dispute by arbitration. Any such provision or 
agreement shall be valid, irrevocable, and enforce-
able, except for any grounds that exist at law or in 
equity for revocation of a contract. 
(2) TITLE 9, UNITED STATES CODE.—Arbitra-
tion of such disputes, awards by arbitrators, and 
confirmation of awards shall be governed by title 9, 
United States Code, to the extent such title is not 
inconsistent with this section. In any such arbitra-
tion proceeding, the erosion principles provided for
211
under this section shall be binding on the arbitrator, 
unless the parties agree to the contrary. 
(3) FINAL AND BINDING AWARD.—An award by 
an arbitrator shall be final and binding between the 
parties to the arbitration, but shall have no force or 
effect on any other person. The parties to an arbi-
tration may agree that in the event a policy which 
is the subject matter of an award is subsequently de-
termined to be eroded in a manner different from 
the manner determined by the arbitration in a judg-
ment rendered by a court of competent jurisdiction 
from which no appeal can or has been taken, such 
arbitration award may be modified by any court of 
competent jurisdiction upon application by any party 
to the arbitration. Any such modification shall gov-
ern the rights and obligations between such parties 
after the date of such modification. 
(c) EFFECT ON NONPARTICIPANTS.—
(1) IN GENERAL.—No insurance company or 
reinsurance company that is not a participant, other 
than a captive insurer, shall be entitled to claim that 
payments to the Fund erode, exhaust, or otherwise 
limit the nonparticipant’s insurance or reinsurance 
obligations.
212
(2) OTHER CLAIMS.—Nothing in this Act shall 
preclude a participant from pursuing any claim for 
insurance or reinsurance from any person that is not 
a participant other than a captive insurer. 
(d) FINITE RISK POLICIES NOT AFFECTED.—
(1) IN GENERAL.—Notwithstanding any other 
provision of this Act, this Act shall not alter, affect 
or impair any rights or obligations of—
(A) any party to an insurance contract 
that expressly provides coverage for govern-
mental charges or assessments imposed to re-
place insurance or reinsurance liabilities in ef-
fect on the date of enactment of this Act; or 
(B) subject to paragraph (2), any person 
with respect to any insurance or reinsurance 
purchased by a participant after December 31, 
1996, that expressly (but not necessarily exclu-
sively) provides coverage for asbestos liabilities, 
including those policies commonly referred to as 
‘‘finite risk’’ policies. 
(2) LIMITATION.—No person may assert that 
any amounts paid to the Fund in accordance with 
this Act are covered by any policy described under 
paragraph (1)(B) purchased by a defendant partici-
pant, unless such policy specifically provides cov-
213
erage for required payments to a Federal trust fund 
established by a Federal statute to resolve asbestos 
injury claims. 
(e) EFFECT ON CERTAIN INSURANCE AND REINSUR-
ANCE CLAIMS.—
(1) NO COVERAGE FOR FUND ASSESSMENTS.—
No participant or captive insurer may pursue an in-
surance or reinsurance claim against another partici-
pant or captive insurer for payments to the Fund re-
quired under this Act, except under a contract spe-
cifically providing insurance or reinsurance for re-
quired payments to a Federal trust fund established 
by a Federal statute to resolve asbestos injury 
claims or, where applicable, under finite risk policies 
under subsection (d). 
(2) CERTAIN INSURANCE ASSIGNMENTS VOID-
ED.—Any assignment of any rights to insurance cov-
erage for asbestos claims to any person who has as-
serted an asbestos claim before the effective date, or 
to any trust, person or other entity not part of an 
affiliated group as defined in section 201(1) of this 
Act established or appointed for the purpose of pay-
ing asbestos claims which were asserted before the 
effective date, or by any Tier I defendant partici-
pant, before any sunset of this Act, shall be null and
214
void. This subsection shall not void or affect in any 
way any assignments of rights to insurance coverage 
other than to asbestos claimants or to trusts, per-
sons, or other entities not part of an affiliated group 
as defined in section 201(1) of this Act established 
or appointed for the purpose of paying asbestos 
claims, or by Tier I defendant participants. 
(3) INSURANCE CLAIMS PRESERVED.—Notwith-
standing any other provision of this Act, this Act 
shall not alter, affect or impair any rights or obliga-
tions of any person with respect to any insurance or 
reinsurance for amounts that any person pays, has 
paid or becomes legally obligated to pay in respect 
of asbestos or other claims, except to the extent 
that—
(A) such person pays or becomes legally 
obligated to pay claims that are superseded by 
section 403 of this Act; 
(B) any such rights or obligations of such 
person with respect to insurance or reinsurance 
are prohibited by subsection (e) (1) or (2) of 
this section; or 
(C) the limits of insurance otherwise avail-
able to such participant in respect of asbestos
215
claims are deemed to be eroded under sub-
section (a) of this section. 
SEC. 405. ANNUAL REPORT OF THE ADMINISTRATOR. 
(a) IN GENERAL.—The Administrator shall submit 
an annual report to the Committee on the Judiciary of 
the Senate and the Committee on the Judiciary of the 
House of Representatives on the operation of the Asbestos 
Injury Claims Resolution Fund within 6 months after the 
close of each fiscal year. 
(b) CONTENTS OF REPORT.—The annual report sub-
mitted under this subsection shall include—
(1) a summary of the claims made during the 
most recent fiscal year, including—
(A) the number of claims made to the Of-
fice and a description of the types of medical 
diagnoses and asbestos exposure underlying 
those claims; and 
(B) the number of claims denied by the 
Office and a description of the types of medical 
diagnoses and asbestos exposures underlying 
those claims, and a general description of the 
reasons for their denial; 
(2) a summary of the eligibility determinations 
made by the Office under section 114;
216
(3) a summary of the awards made from the 
Fund, including the amount of the awards; 
(4) an analysis of the financial condition of the 
Fund, including an estimation of the Fund’s ability 
to pay claims for the subsequent 5 years in full as 
and when required, an evaluation of the Fund’s abil-
ity to retire its existing debt and assume additional 
debt, and an evaluation of the Fund’s ability to sat-
isfy other obligations under the program; 
(5) a statement of the percentage of asbestos 
claimants who filed claims during the prior calendar 
year and were determined to be eligible to receive 
compensation under this Act, who have received the 
compensation to which they are entitled according to 
section 133 for each level; 
(6) the identity of all participants and a sum-
mary of the funding allocations of each participant, 
including the amounts of all payments to the Fund; 
(7) a summary of all financial hardship or in-
equity adjustments applied for during the fiscal 
year, and a summary of the adjustments that were 
made during the fiscal year; 
(8) a summary of the investments made under 
section 222(b);