PUBLIC LAW 109–432—DEC. 20, 2006
120 STAT. 3021
then such common parent (and no other person) shall be liable for such premium. ‘‘(2) ASSIGNED OPERATORS TO WHICH SUBSECTION APPLIES.— ‘‘(A) IN GENERAL.—This subsection shall apply to any assigned operator if— ‘‘(i) the assigned operator (or a related person to the assigned operator)— ‘‘(I) made contributions to the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan for employment during the period covered by the 1988 agreement; and ‘‘(II) is not a 1988 agreement operator, ‘‘(ii) the assigned operator (and all related 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 subparagraph (B). ‘‘(B) CONTROLLED GROUP OF CORPORATIONS.—A controlled group of corporations is 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 ASSIGNMENTS.— 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 liability under this chapter with respect to the Combined Fund of the assigned operators or related persons described in paragraph (1) or their assignees, as determined by the operator’s 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 actuary signing the report that, to the best of the actuary’s knowledge, the report is complete and accurate and that in the actuary’s opinion the actuarial assumptions used are in the aggregate reasonably related 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
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