Page:United States Statutes at Large Volume 100 Part 1.djvu/272

 100 STAT. 236 42 USC 300bb-7.

PUBLIC LAW 99-272—APR. 7, 1986 "SEC. 2207. ENFORCEMENT.

"Any individual who is aggrieved by the failure of a State, political subdivision, or agency or instrumentality thereof, to comply with the requirements of this title may bring an action for appropriate equitable relief. 42 USC 300bb-8. Health and medical care. 26 USC 162.

"SEC. 2208. DEFINITIONS.

"For purposes of this title— "(1) GROUP HEALTH PLAN.—The term 'group health plan' has the meaning given such term in section 162(i)(3) of the Internal Revenue Code of 1954. "(2) COVERED EMPLOYEE.—The term 'covered employee' means an individual who is (or was) provided coverage under a group health plan by virtue of the individual's employment or previous employment with an employer. "(3) QUALIFIED BENEFICIARY.—

"(A) IN GENERAL.—The term 'qualified beneficiary' means, with respect to a covered employee under a group health plan, any other individual who, on the 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. "(B)

29 USC 1002. 42 USC 300bb-l note.

SPECIAL RULE FOR TERMINATIONS AND REDUCED

EMPLOYMENT.—In the case of a qualifying event described in section 2203(2), the term 'qualified beneficiary' includes the covered employee. "(4) 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." (b) EFFECTIVE DATES.— (1) GENERAL RULE.—The

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

42 USC 300bb-6 note.

Ante, p. 232.

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. (c) NOTIFICATION TO COVERED EMPLOYEES.—At the time that the amendments made by this section apply to a group health plan (covered under section 2201 of the Public Health Service Act), the plan shall notify each covered employee, and spouse of the employee (if any), who is covered under the plan at that time of the continuation coverage required under title XXII of such Act. The notice furnished under this subsection is in lieu of notice that may other-

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