Page:United States Statutes at Large Volume 100 Part 1.djvu/263

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 227

day before the qualifying event for that employee, is a beneficiary under the plan— "(I) as the spouse of the covered employee, or "(II) as the dependent child of the employee, "(ii) SPECIAL RULE FOR TERMINATIONS AND REDUCED

EMPLOYMENT.—In the case of a qualifying event described in paragraph (3)(B), the term 'qualified beneficiary' includes the covered employee. "(C) PLAN ADMINISTRATOR.—The term 'plan administrator' has the meaning given the term 'administrator' by section 3(16)(A) of the Employee Retirement Income Security Act of 1974.". 29 USC 1002. (d) CONFORMING AMENDMENT.—Paragraph (1) of section 162(i) is 26 USC 162. amended by striking out "GENERAL RULE ' in the heading thereof and inserting in lieu thereof "COVERAGE RELATING TO END STAGE RENAL DISEASE". (e) EFFECTIVE DATES.— (1) GENERAL RULE.—The amendments made by this section

26 USC 106 note.

shall apply to plan years beginning on or after July 1, 1986. (2) SPECIAL RULE FOR COLLECTIVE BARGAINING AGREEMENTS.—

In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of— (A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (B) January 1, 1987. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 10002. TEMPORARY EXTENSION OF COVERAGE AT GROUP RATES FOR CERTAIN EMPLOYEES AND FAMILY MEMBERS (ERISA AMENDMENTS).

(a) IN GENERAL.—Subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end thereof the following new part: "PART 6—CONTINUATION COVERAGE UNDER GROUP HEALTH PLANS "SEC. 601. PLANS MUST PROVIDE CONTINUATION COVERAGE TO CERTAIN

INDIVIDUALS.

"(a) IN GENERAL.—The plan sponsor of each group health plan shall provide, in accordance with this part, that each qualified beneficiary who would lose coverage under the plan as a result of a qualifying event is entitled, under the plan, to elect, within the election period, continuation coverage under the plan. "(b) EXCEPTION FOR CERTAIN PLANS.—Subsection (a) shall not apply to any group health plan for any calendar year if all employers maintaining such plan normally employed fewer than 20 employees on a typical business day during the preceding calendar

29 USC 1161.

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