Laserfiche WebLink
T <br />L <br />ti <br />payment of any retires benefits to retired employees or their <br />spouses or dependents. 11 U.S.C. ; 1111(e)(1). 1171 of the <br />subsections of section 1114, other than the definitions and <br />exclusions contained in subsections 1114(a), (b), (c), and (1), <br />establish procedures for negotiating codifications and seeking <br />court approval of codifications that the debtor Gust adhere to if <br />it desires to modify or terminate retiree benefits it is <br />contractually bound to pay to retired employees or their spouses <br />or dependents. $gg 11 U.S.C. ; 1114(d), (e), (f), (q), (h), (i), <br />and (k); see also, 134 Cong. Rec. H 3,488 (daily ed. May 23, <br />1988)(comments of Congressman Edvnrds)(section 1114 gives <br />"retirees peace of mind by removing the possibility of any sudden <br />and unilateral termination of retiree health benefits"); In re <br />Chateavaav Coro., 111 B.R. 399, 404 (S.D.N.Y. 1990), Bf!'d, 945 <br />F.2d 1205 (2d Cir. 1991)(citing 134 Cong. Rec. S 6,827 (daily ed. <br />May 26, 1988)(comments of Senator Heinz)("The bill will protect <br />retirees from unilateral termination of benefits by a company <br />filing a Chapter it bankruptcy petition.")) <br />The prohibition in section 1114 against a debtor-employer's <br />unilateral termination of retiree benefits is at odds rith the <br />81ack Lung Benefits act which anticipatss a ooal tine operator's <br />unilateral termination of 81ack Lung Benefits by guaranteeing <br />payment o! such Benefits through the Trust !'ur-d. In particular, <br />the DOL is authorised and required under 26 U.S.C. f 9501(d) to <br />make payments of Black Lang Benefits from the Trust Fund in cases <br />23 <br />