I 
108TH CONGRESS 
1ST SESSION H. R. 3586
To amend the Internal Revenue Code of 1986 to protect the health benefits 
of retired miners and to restore stability and equity to the financing 
of the United Mine Workers of America Combined Benefit Fund by 
providing additional sources of revenue to the Fund, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2003
Mr. CANTOR (for himself, Mr. WILSON of South Carolina, Mr. ROGERS of 
Michigan, Mr. SESSIONS, Ms. PRYCE of Ohio, Ms. DUNN, Mr. WICKER, 
Mr. HOEKSTRA, Mr. EHLERS, Mr. CAMP, and Mr. POMEROY) introduced 
the following bill; which was referred to the Committee on Ways and 
Means 
A BILL 
To amend the Internal Revenue Code of 1986 to protect 
the health benefits of retired miners and to restore sta-
bility and equity to the financing of the United Mine 
Workers of America Combined Benefit Fund by pro-
viding additional sources of revenue to the Fund, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ETC. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Coal Industry Retiree Health Benefit Stability and Fair-
ness Act’’. 
(b) AMENDMENT OF 1986 CODE.—Except as other-
wise expressly provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provi-
sion of the Internal Revenue Code of 1986. 
(c) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; etc. 
TITLE I—FINANCING PROVISIONS 
Subtitle A—Federal Funds 
Sec. 101. Mandatory transfer of general funds to Combined Benefit Fund. 
Sec. 102. Annual audit. 
Sec. 103. Appointment of Government trustees. 
Subtitle B—Premiums 
Sec. 111. Modifications of premiums to reflect transfers from general fund. 
Sec. 112. Refunds to certain operators. 
Sec. 113. Reduction in annual premiums to Combined Benefit Fund if surplus 
exists. 
Sec. 114. Refund of contributions paid by certain small entities to United Mine 
Workers Combined Benefit Fund. 
Sec. 115. First year payments of 1988 operators. 
Sec. 116. Prepayment of premium liability for coal industry health benefits. 
Sec. 117. Definition of successor in interest. 
TITLE II—RETROACTIVE PROVISIONS 
Sec. 201. Reform of retroactive provisions of Coal Industry Health Benefit Sys-
tem.
TITLE I—FINANCING 
PROVISIONS 
Subtitle A—Federal Funds 
SEC. 101. MANDATORY TRANSFER OF GENERAL FUNDS TO 
COMBINED BENEFIT FUND. 
(a) IN GENERAL.—Section 9705 (relating to trans-
fers to the Combined Benefit Fund) is amended by adding 
at the end the following new subsection: 
‘‘(c) MANDATORY
TRANSFERS
FROM
GENERAL 
FUND.—
‘‘(1) IN GENERAL.—There are hereby author-
ized and appropriated, out of any amounts in the 
Treasury not otherwise appropriated, to the Com-
bined Fund such sums as may be necessary to—
‘‘(A) pay any benefit or administrative 
costs of unassigned beneficiaries of the Com-
bined Fund remaining after the transfer under 
subsection (b); and 
‘‘(B) eliminate any annual deficit in any 
premium account of the Combined Fund as cer-
tified by the Trustees of the Combined Fund. 
Deficits referred to in subparagraph (B) shall be 
certified by the trustees only after utilizing and tak-
ing into account all premiums and other government 
reimbursements to the Fund.
‘‘(2) USE
OF
FUNDS.—Any amounts trans-
ferred under paragraph (1) shall be available with-
out fiscal year limitation. 
‘‘(3) TRANSFER.—The Secretary of the Treas-
ury shall transfer amounts appropriated under para-
graph (1) on October 1 of each fiscal year.’’. 
(b) TRANSFER FROM ABANDONED MINE RECLAMA-
TION FUND.—Section 9705(b)(2) (relating to use of 
funds) is amended to read as follows: 
‘‘(2) USE OF FUNDS.—Any amount transferred 
under paragraph (1) for any fiscal year shall be used 
to pay any benefit or administrative costs of unas-
signed beneficiaries of the Combined Fund for the 
plan year in which transferred.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to fiscal years beginning after Sep-
tember 30, 2003. 
SEC. 102. ANNUAL AUDIT. 
(a) IN GENERAL.—Section 9702 (relating to estab-
lishment of the Combined Fund) is amended by adding 
at the end the following: 
‘‘(d) ANNUAL AUDIT.—
‘‘(1) AUDIT.—The Comptroller General of the 
United States shall conduct an annual audit of the 
Combined Fund. Such audit shall include—
‘‘(A) a review of the progress the Com-
bined Fund is making toward a managed care 
system as required under this subchapter; and 
‘‘(B) a review of the use of, and necessity 
for, amounts transferred to the Combined Fund 
under section 9705(c). 
‘‘(2) REPORT.—The Comptroller General shall 
report the results of any audit under paragraph (1) 
to the Secretary of the Treasury and to the appro-
priate committees of Congress, including the Comp-
troller General’s recommendations (if any) as to any 
administrative savings which may be achieved with-
out reducing the effective level of benefits under sec-
tion 9703.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to plan years of the Combined 
Fund beginning after the date of the enactment of this 
Act. 
SEC. 103. APPOINTMENT OF GOVERNMENT TRUSTEES. 
(a) IN GENERAL.—Section 9702(b)(1) (relating to 
the Board of Trustees), as amended by section 201(c), is 
amended by striking ‘‘and’’ at the end of subparagraph 
(B), by striking the period at the end of subparagraph 
(C) and inserting ‘‘; or’’, and by inserting after subpara-
graph (C) the following new subparagraph:
‘‘(D) 2 persons designated by the Sec-
retary of the Treasury.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
Subtitle B—Premiums 
SEC. 111. MODIFICATIONS OF PREMIUMS TO REFLECT 
TRANSFERS FROM GENERAL FUND. 
(a) ELIMINATION OF UNASSIGNED BENEFICIARIES 
PREMIUM.—Section 9704(d) (establishing unassigned 
beneficiaries premium) is amended to read as follows: 
‘‘(d) UNASSIGNED BENEFICIARIES PREMIUM.—
‘‘(1) PLAN YEARS ENDING ON OR BEFORE SEP-
TEMBER 30, 2003.—For plan years ending on or be-
fore September 30, 2003, the unassigned bene-
ficiaries premium for any assigned operator shall be 
equal to the applicable percentage of the product of 
the per beneficiary premium for the plan year multi-
plied by the number of eligible beneficiaries who are 
not assigned under section 9706 to any person for 
such plan year. 
‘‘(2) PLAN YEARS BEGINNING ON OR AFTER OC-
TOBER
1, 2003.—For plan years beginning on or 
after October 1, 2003, there shall be no unassigned 
beneficiaries premium.’’.
(b) PREMIUM ACCOUNTS.—
(1) 
CREDITING
OF
ACCOUNTS.—Section 
9704(e)(1) (relating to premium accounts; adjust-
ments) is amended by inserting ‘‘and amounts trans-
ferred under section 9705 (b) or (c)’’ after ‘‘pre-
miums received’’. 
(2) SHORTFALLS.—Section 9704(e)(3) (relating 
to shortfalls and surpluses) is amended—
(A) by striking ‘‘shortfall or’’ each place it 
appears in subparagraph (A); 
(B) by striking ‘‘reduced or increased, 
whichever is applicable,’’ in subparagraph (A) 
and inserting ‘‘reduced’’; 
(C) by striking ‘‘or the unassigned bene-
ficiaries premium account’’ in subparagraph 
(B); and 
(D) by striking ‘‘SHORTFALLS AND SUR-
PLUSES’’ in the heading and inserting ‘‘SUR-
PLUSES’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years of the Combined 
Fund beginning after September 30, 2003.
SEC. 112. REFUNDS TO CERTAIN OPERATORS. 
(a) IN GENERAL.—Section 9704 (relating to the li-
ability of assigned operators) is amended by adding at the 
end the following new subsection: 
‘‘(j) REFUNDS TO CERTAIN OPERATORS.—The Com-
bined Fund shall, before December 31, 2003, refund to 
an assigned operator which was an assigned operator prior 
to the date of the enactment of this subsection (and any 
related person to such operator) an amount equal to the 
sum of—
‘‘(1) any amount paid by such operator or per-
son to the Combined Fund (and not previously re-
funded) by reason of the operator having been a sig-
natory to a pre-1974 coal wage agreement, and 
‘‘(2) interest on the amount under paragraph 
(1) at the overpayment rate established under sec-
tion 6621 for the period from the payment of such 
amount to the refund under this subsection.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. 
SEC. 113. REDUCTION IN ANNUAL PREMIUMS TO COM-
BINED BENEFIT FUND IF SURPLUS EXISTS. 
(a) IN GENERAL.—Part II of subchapter B of chap-
ter 99 (relating to financing of Combined Benefit Fund)
is amended by inserting after section 9704 the following 
new section: 
‘‘SEC. 9704A. REDUCTIONS IN HEALTH BENEFIT PREMIUM 
IF SURPLUS EXISTS. 
‘‘(a) GENERAL RULE.—If this section applies to any 
plan year, the per beneficiary premium used for purposes 
of computing the health benefit premium under section 
9704(b) for the plan year shall be the reduced per bene-
ficiary premium determined under subsection (c). 
‘‘(b) YEARS TO WHICH SECTION APPLIES.—
‘‘(1) IN GENERAL.—This section applies to any 
plan year beginning after September 30, 2003, if the 
trustees determine that the Combined Fund has an 
excess reserve for the plan year. 
‘‘(2) EXCESS RESERVE.—For purposes of this 
section—
‘‘(A) IN GENERAL.—The term ‘excess re-
serve’ means, with respect to any plan year, the 
excess (if any) of—
‘‘(i) the projected net assets as of the 
close of the test period for the plan year, 
over 
‘‘(ii) the projected 3-month asset re-
serve as of such time.
‘‘(B) PROJECTED NET ASSETS.—For pur-
poses of subparagraph (A)(i), the projected net 
assets shall be the amount of the net assets 
which the trustees determine will be available at 
the end of the test period for projected fund 
benefits. Such determination shall be made in 
the same manner used by the Combined Fund 
to calculate net assets available for projected 
fund benefits in the Statement of Net Assets 
(Deficits) Available for Fund Benefits for pur-
poses of the monthly financial statements of the 
Combined Fund for the plan year beginning Oc-
tober 1, 2003. 
‘‘(C) PROJECTED
3-MONTH
ASSET
RE-
SERVE.—For purposes of subparagraph (A)(ii), 
the projected 3-month asset reserve is an 
amount equal to 25 percent of the projected ex-
penses (including administrative expenses) from 
the health benefit premium account and unas-
signed beneficiaries premium account for the 
plan year immediately following the test period. 
The determination of such amount shall be 
based on the 10-year forecast of the projected 
net assets and cash balance of the Combined
Fund prepared annually by an actuary retained 
by the Combined Fund. 
‘‘(D) TEST PERIOD.—For purposes of this 
section, the term ‘test period’ means, with re-
spect to any plan year, that plan year and the 
following plan year. 
‘‘(c) REDUCED PER BENEFICIARY PREMIUM.—For 
purposes of this section, the reduced per beneficiary pre-
mium for any plan year to which this section applies is 
the per beneficiary premium determined under section 
9704(b)(2) without regard to this section, reduced (but 
not below zero) by—
‘‘(1) the excess reserve for the plan year, di-
vided by 
‘‘(2) the total number of eligible beneficiaries 
which are assigned to assigned operators under sec-
tion 9706 as of the close of the preceding plan year. 
‘‘(d) TERMINATION OF PREMIUM REDUCTION.—If, 
on any day during a plan year to which this section ap-
plies, the Combined Fund has net assets available for pro-
jected fund benefits (determined in the same manner as 
projected net assets under subsection (b)(2)(B)) in an 
amount less than the projected 3-month asset reserve de-
termined under subsection (b)(2)(C) for the plan year—
‘‘(1) this section shall not apply to months in 
the plan year beginning after such day, and 
‘‘(2) the monthly installment under section 
9704(g)(1) for such months shall be equal to the 
amount which would have been determined if the 
health benefits premium under section 9704(b) had 
not been reduced under this section for the plan 
year.’’. 
(b) CONFORMING AMENDMENTS.—
(1) Section 9704(a) (relating to annual pre-
miums) is amended by striking ‘‘Each’’ and insert-
ing ‘‘Subject to section 9704A, each’’. 
(2) The table of sections for part II of sub-
chapter B of chapter 99 is amended by inserting 
after the item relating to section 9704 the following 
new item:
‘‘Sec. 9704A. Reductions in health benefit premium if surplus exists.’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years of the Combined 
Fund beginning after September 30, 2003. 
SEC. 114. REFUND OF CONTRIBUTIONS PAID BY CERTAIN 
SMALL ENTITIES TO UNITED MINE WORKERS 
COMBINED BENEFIT FUND. 
(a) IN GENERAL.—Part II of subchapter B of chap-
ter 99, as amended by section 113, is amended by insert-
ing after section 9704A the following new section:
regard to beneficiary assignments relieved by the So-
cial Security Administration); 
‘‘(4) was assessed premiums by the Combined 
Fund, made payments pursuant to those assess-
ments, and has no delinquency as of September 30, 
2003; and 
‘‘(5) is not directly engaged in the production 
or sale of coal engaged in the production of coal as 
of September 30, 2003.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for part II of subchapter B of chapter 99 is amended 
by inserting after the item relating to section 9704A the 
following new item:
‘‘Sec. 9704B. Refunds of annual premiums of certain small entities.’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 115. FIRST YEAR PAYMENTS OF 1988 OPERATORS. 
(a) IN GENERAL.—So much of section 9704(i)(1)(D) 
as precedes clause (ii) is amended to read as follows: 
‘‘(D) PREMIUM
REDUCTIONS
AND
RE-
FUNDS.—
‘‘(i) 1ST
YEAR
PAYMENTS.—In the 
case of a 1988 agreement operator making 
payments under subparagraph (A)—
‘‘(I) the premium of such oper-
ator under subsection (a) shall be re-
duced by the amount paid under sub-
paragraph (A) by such operator for 
the plan year beginning February 1, 
1993; and 
‘‘(II) if the amount so paid ex-
ceeds the operator’s liability under 
subsection (a), the excess shall be re-
funded to the operator before Decem-
ber 31, 2003.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. 
SEC. 116. PREPAYMENT OF PREMIUM LIABILITY FOR COAL 
INDUSTRY HEALTH BENEFITS. 
(a) IN GENERAL.—Section 9704 (relating to liability 
of assigned operators) is amended by adding at the end 
the following new subsection: 
‘‘(j) PREPAYMENT OF PREMIUM LIABILITY.—
‘‘(1) IN GENERAL.—If—
‘‘(A) any assigned operator who is a mem-
ber of a controlled group of corporations (with-
in the meaning of section 52(a)) makes a pay-
ment meeting the requirements of paragraph 
(2) to the Combined Fund; and 
‘‘(B) the common parent of such group is 
jointly and severally liable for any premium 
which would (but for this subsection) be re-
quired to be paid by such operator, then no per-
son (other than such common parent) shall be 
liable for any premium for which such operator 
would otherwise be liable. 
‘‘(2) 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 of the assigned operator for its assignees 
under this chapter with respect to the Com-
bined Fund (as determined by the operator’s 
enrolled 
actuary, 
as 
defined 
in 
section 
7701(a)(35)), using actuarial methods and as-
sumptions each of which is reasonable and 
which are reasonable in the aggregate, as deter-
mined by such enrolled actuary; 
‘‘(B) a signed actuarial report is filed with 
the Secretary of Labor by such enrolled actuary 
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) 30 calendar days have elapsed after 
the report required by subparagraph (B), and 
the description required by subparagraph (C), 
are filed with the Secretary of Labor, and the 
Secretary of Labor has not notified the as-
signed operator in writing that the require-
ments of this paragraph have not been satis-
fied.’’. 
(b) IN GENERAL.—Section 9711 subsection (c) relat-
ing to continued obligations of individual employer plans; 
joint and several liability of related persons) is amended 
to read as follows: 
‘‘(c) JOINT AND SEVERAL LIABILITY OF RELATED 
PERSONS.—
‘‘(1) Each related person of a last signatory op-
erator to which subsection (a) or (b) applies shall be 
jointly and severally liable with the last signatory op-
erator for the provision of health care coverage de-
scribed in subsection (a) or (b), provided, however, 
that related persons of any last signatory operator 
that has met the requirements of section 9704(j) (1) 
and (2) and has provided security described in para-
graph 9711(c)(2) shall be relieved of all such joint 
and several liability as of the date upon which such 
requirements are met. 
‘‘(2) Security meets the requirements of this 
paragraph if—
‘‘(A) the security (in the form of a bond, 
letter of credit or cash escrow) is provided to 
the trustees of the 1992 UMWA Benefit Plan, 
solely for the purpose of paying premiums for 
beneficiaries described in section 9712(b)(2)(B), 
equal in amount to one year’s liability of the 
last signatory operator under section 9711, de-
termined by using the average cost of such op-
erator’s liability during its prior 3 calendar 
years;
‘‘(B) the security is in addition to any 
other security required under any other provi-
sion of this Act; and 
‘‘(C) the security remains in place for 5 
years. 
‘‘(3) Upon termination of the obligations of the 
last signatory operator providing such security or 
the expiration of 5 years, whichever occurs first, the 
full amount of such security (and earnings thereon) 
shall be refunded to the last signatory operator. 
‘‘(4) USE
OF
PREPAYMENT.—The Combined 
Fund shall establish and maintain an account for 
each assigned operator making such payment (with 
earnings thereon) and use all amounts in such ac-
count exclusively to pay premium that would (but 
for this subsection) be required to be paid by the as-
signed operator. Upon termination of the obligations 
for premium liability of any assigned operator for 
which such account is maintained, all funds remain-
ing in such account (and earnings thereon) shall be 
refunded to the assigned operator.’’. 
(c) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on the date of the enactment 
of this Act.
SEC. 117. DEFINITION OF SUCCESSOR IN INTEREST. 
(a) IN GENERAL.—Subsection (c) of section 9701 is 
amended by adding at the end the following new para-
graph: 
‘‘(8) SUCCESSOR IN INTEREST.—
‘‘(A) SAFE HARBOR.—The term ‘successor 
in interest’ shall not include any person—
‘‘(i) who is an unrelated person to a 
seller; and 
‘‘(ii) who purchases for fair market 
value assets, or all the stock of a related 
person, in a bona fide, arm’s-length sale 
which is subject to section 5 of the Securi-
ties Act of 1933 (15 U.S.C. 77f et seq.) or 
the Securities Exchange Act of 1934 (15 
U.S.C.78a et seq.). 
‘‘(B) UNRELATED
PERSON.—The term 
‘unrelated person’ means a purchaser who does 
not bear a relationship to the seller described in 
section 267(b). 
‘‘(C) CONTINGENT LIABILITY.—This para-
graph shall only apply if the contract for sale 
provides that, if the seller fails to make a pre-
mium payment to the Combined Fund during 
the first 5 plan years beginning after the sale, 
then the purchaser shall be secondarily liable
for any liability to the Combined Fund it would 
have had but for the provisions of this para-
graph. 
‘‘(D) NO
INFERENCE.—Nothing in this 
paragraph shall be construed to infer that a 
purchaser in a sale not described in this para-
graph is a successor in interest.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to transactions after the date 
of the enactment of this Act. 
TITLE II—RETROACTIVE 
PROVISIONS 
SEC. 201. REFORM OF RETROACTIVE PROVISIONS OF COAL 
INDUSTRY HEALTH BENEFIT SYSTEM. 
(a) AGREEMENTS COVERED BY HEALTH BENEFIT 
SYSTEM.—
(1) IN GENERAL.—Section 9701(b)(1) (defining 
coal wage agreement) is amended to read as follows: 
‘‘(1) COAL AGREEMENTS.—
‘‘(A) 1988 AGREEMENT.—The term ‘1988 
agreement’ means the collective bargaining 
agreement between the settlors which became 
effective on February 1, 1988. 
‘‘(B) COAL WAGE AGREEMENT.—The term 
‘coal wage agreement’ means the 1988 agree-
ment and any predecessor to the 1988 agree-
ment.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
9701(b) (relating to agreements) is amended by 
striking paragraph (3). 
(b) DEFINITIONS APPLICABLE TO OPERATORS.—
(1) SIGNATORY OPERATOR.—Section 9701(c)(1) 
(defining signatory operator) is amended to read as 
follows: 
‘‘(1) SIGNATORY OPERATOR.—The term ‘signa-
tory operator’ means a 1988 agreement operator.’’. 
(2) 1988 
AGREEMENT
OPERATOR.—Section 
9701(c)(3) (defining 1988 agreement operator) is 
amended to read as follows: 
‘‘(3) 1988 AGREEMENT OPERATOR.—The term 
‘1988 agreement operator’ means—
‘‘(A) an operator which was a signatory to 
the 1988 agreement, or 
‘‘(B) a person in business which, during 
the term of the 1988 agreement, was a signa-
tory to an agreement (other than the National 
Coal Mine Construction Agreement or the Coal 
Haulers’ Agreement) containing pension and 
health care contribution and benefit provisions
which are the same as those contained in the 
1988 agreement. 
Such term shall not include any operator who was 
assessed, and paid the full amount of, contractual 
withdrawal liability to the 1950 UMWA Benefit 
Plan, the 1974 UMWA Benefit Plan, or the Com-
bined Fund.’’. 
(3) CONFORMING AMENDMENTS.—
(A) Section 9711(a) is amended by strik-
ing ‘‘maintained pursuant to a 1978 or subse-
quent coal wage agreement’’. 
(B) Section 9711(b)(1) is amended by 
striking ‘‘pursuant to a 1978 or subsequent 
coal wage agreement’’. 
(c) MODIFICATIONS TO REFLECT REACHBACK RE-
FORMS.—
(1) BOARD
OF
TRUSTEES
OF
COMBINED 
FUND.—
(A) IN GENERAL.—Section 9702(b)(1) is 
amended—
(i) by striking ‘‘one individual who 
represents’’ in subparagraph (A) and in-
serting ‘‘two individuals who represent’’; 
(ii) by striking subparagraph (B) and 
redesignating subparagraphs (C) and (D)
as subparagraphs (B) and (C), respec-
tively; and 
(iii) by striking ‘‘(A), (B), and (C)’’ in 
subparagraph (C) (as so redesignated) and 
inserting ‘‘(A) and (B)’’. 
(B) CONFORMING
AMENDMENT.—Section 
9702(b)(3) is amended to read as follows: 
‘‘(3) SPECIAL RULE.—If the BCOA ceases to 
exist, any trustee or successor under paragraph 
(1)(A) shall be designated by the 3 employers who 
were members of the BCOA on October 24, 1992, 
and who have been assigned the greatest number of 
eligible beneficiaries under section 9706.’’. 
(C) TRANSITION RULE.—Any trustee serv-
ing on the date of the enactment of this Act 
who was appointed to serve under section 
9702(b)(1)(B) of the Internal Revenue Code of 
1986 (as in effect before the amendments made 
by this paragraph) shall continue to serve until 
a 
successor 
is 
appointed 
under 
section 
9702(b)(1)(A) of such Code (as in effect after 
such amendments). 
(2) ASSIGNMENT OF BENEFICIARIES.—Section 
9706 (relating to assignment of eligible bene-