Frequently Asked Questions
Who is eligible for the Premium Reduction via Assignment Reconsideration?
Assigned operators who can provide a prima facie case of error in the assignment of a coal industry retiree to their account.
How does the Premium Reduction via Assignment Reconsideration work?
Operators can request a review of beneficiary assignments. If an error is found, the Commissioner must reduce future premiums or repay all premiums previously paid for that beneficiary.
What law authorizes the Premium Reduction via Assignment Reconsideration?
The Premium Reduction via Assignment Reconsideration is authorized under IRC §9706(f)(3) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §9706
Source: Internal Revenue Code, Title 26, United States Code
§ 9706. Assignment of eligible beneficiaries(a) In generalFor purposes of this chapter, the Commissioner of Social Security shall, before October 1, 1993, assign each coal industry retiree who is an eligible beneficiary to a signatory operator which (or any related person with respect to which) remains in business in the following order:(1) First, to the signatory operator which—(A) was a signatory to the 1978 coal wage agreement or any subsequent coal wage agreement, and
(B) was the most recent signatory operator to employ the coal industry retiree in the coal industry for at least 2 years.
(2) Second, if the retiree is not assigned under paragraph (1), to the signatory operator which—(A) was a signatory to the 1978 coal wage agreement or any subsequent coal wage agreement, and
(B) was the most recent signatory operator to employ the coal industry retiree in the coal industry.
(3) Third, if the retiree is not assigned under paragraph (1) or (2), to the signatory operator which employed the coal industry retiree in the coal industry for a longer period of time than any other signatory operator prior to the effective date of the 1978 coal wage agreement.
(b) Rules relating to employment and reassignment upon purchaseFor purposes of subsection (a)—(1) Aggregation rules(A) Related personAny employment of a coal industry retiree in the coal industry by a signatory operator shall be treated as employment by any related persons to such operator.
(B) Certain employment disregardedEmployment with—(i) a person which is (and all related persons with respect to which are) no longer in business, or
(ii) a person during a period during which such person was not a signatory to a coal wage agreement,
shall not be taken into account.
(2) Reassignment upon purchaseIf a person becomes a successor of an assigned operator after the enactment date, the assigned operator may transfer the assignment of an eligible beneficiary under subsection (a) to such successor, and such successor shall be treated as the assigned operator with respect to such eligible beneficiary for purposes of this chapter. Notwithstanding the preceding sentence, the assigned operator transferring such assignment (and any related person) shall remain the guarantor of the benefits provided to the eligible beneficiary under this chapter. An assigned operator shall notify the trustees of the Combined Fund of any transfer described in this paragraph.
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