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Benefits 71st vhich are not subject to modification by negotiation <br />or by the court. <br />Since the Black Lunq 8enelits 71st contemplates that coal <br />mine operators, such as CFiI, Can unilaterally refuse to pay <br />Black Lung Benefits and such eanetits ars not subject to <br />modification by such operators, section 1114 carves no puzpote <br />and, therefore, section 1114 should not bs applied in this case. <br />(2) <br />Section 1114 vas enacted in response to the LTV bankruptcy <br />case in which the debtors argued that the Bankruptcy Code did not <br />prevent and in fact required them to suspend their contractual <br />agreements with its employees, whether under collective <br />bargaining agreements or othervise, requiring them to pay retiree <br />benefits. $gg app. Vol. 1 Collier on Bankruotcv at 1896-97 <br />(citing S. 2690, 99th Cong., 2d Sess., 132 Conq. Rec. S 9,682 <br />(daily ed. July 25, 1986)). furthermore, the statements of <br />Congressman Edwnrds and Senators Metzanbaum and Heinz in support <br />of the H.R. 2969 ac amended by the Senate, vhich vas snactad ac <br />section 1114 to the Bankruptcy Code, demonstrate that Congracs <br />did not intend section 1114 to apply to statutory plans, funds, <br />or programs such as the Trust fund under the Flack Lung Banafitc <br />71st. Specifically, 6enator Matsanbaum, spanking in support of <br />H.R. 2969, stated that "[t]his aaasure sands a strong and <br />powerful message to companies which make ~zomises to their <br />workers--you cannot sxpect to use the bankruptcy courts ac a vay <br />25 <br />r~ <br />