Page:United States Statutes at Large Volume 106 Part 4.djvu/316

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106 STAT. 3052 PUBLIC LAW 102-486—OCT. 24, 1992 graph shall not apply to any individual who retired from the coal industry after September 30, 1994, or any eligible beneficiary of such individual. "(2) COVERAGE.— Subject to the provisions of subsection (d), health benefits coverage is described in this paragraph if it is substantially the same as (and subject to all the limitations of) the coverage provided by the individual employer plan as of January 1, 1992. Such coverage shall continue for as long as the last signatory operator (and any related person) remains in business. "(c) JOINT AND SEVERAL LIABILITY OF RELATED PERSONS.— Each related person of a last signatory operator to which subsection (a) or (b) applies shall be jointly and severally liable with the last signatory operator for the provision of health care coverage described in subsection (a) or (b). "(d) MANAGED CARE AND COST CONTAINMENT.— The last signatory operator shall not be treated as failing to meet the requirements of subsection (a) or (b) if benefits are provided to eligible beneficiaries under managed care and cost containment rules and procedures described in section 9712(c) or agreed to by the last signatory operator and the United Mine Workers of America. "(e) TREATMENT OF NONCOVERED EMPLOYEES. — The existence, level, and duration of benefits provided to former employees of a last signatory operator (and their eligible beneficiaries) who are not otherwise covered by this chapter and who are (or were) covered by a coal wage agreement shall only be determined by, and shall be subject to, collective bargaining, lawful unilateral action, or other applicable law. "(f) ELIGIBLE BENEFICIARY.— For purposes of this section, the term 'eligible beneficiary* means any individual who is eligible for health benefits under a plan described in subsection (a) or (b) by reason of the individual's relationship with the retiree described in such subsection (or to an individual who, based on service and employment history at the time of death, would have been so described but for such death). "(g) RULES APPLICABLE TO THIS PART AND PART XL-For purposes of this part and part II— "(1) SUCCESSOR.— The term 'last signatory operator' shall include a successor in interest of such operator. "(2) REASSIGNMENT UPON PURCHASE.— If a person becomes a successor of a last signatory operator after the enactment date, the last signatory operator may transfer any liability of such operator under this chapter with respect to an eligible beneficiary to such successor, and such successor shall be treated as the last signatory operator with respect to such eligible beneficiary for purposes of this chapter. Notwithstanding the preceding sentence, the last signatory operator transferring such assignment (and any related person) shall remain the guarantor of the benefits provided to the eligible beneficiary under this chapter. A last signatory operator shall notify the trustees of the 1992 UMWA Benefit Plan of any transfer described in this paragraph. "PART 11—1992 UMWA BENEFIT PLAN "Sec. 9712. Establishment and coverage of 1992 UMWA Benefit Plan.