Page:United States Statutes at Large Volume 100 Part 1.djvu/353

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 317

"(i) who was performing substantial and regular service for remuneration for that employer before April 1, 1986, "(ii) who is a bona fide employee of that employer on March 31, 1986, and "(iii) whose employment relationship with that employer was not entered into for purposes of meeting the requirements of this subparagraph; and "(C) the employment relationship with that employer has not been terminated after March 31, 1986. "(4) For purposes of paragraph (3), under regulations (consistent with regulations established under section 3121(u)(2)(D) of the Internal Revenue Code of 1954)— 26 USC 3121. "(A) all agencies and instrumentalities of a State (as defined in section 218(b)) or of the District of Columbia shall be treated 42 USC 418. as a single employer, and "(B) all agencies and instrumentalities of a political subdivision of a State (as so defined) shall be treated as a single employer and shall not be treated as described in subparagraph "(A)." (2) ENTITLEMENT TO HOSPITAL INSURANCE BENEFITS.— (A) FOR INDIVIDUALS AGE 65 OR OLDER AND FOR DISABLED

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INDIVIDUALS.—Section 226 of such Act (42 U.S.C. 426) is amended by striking out "medicare qualified Federal employment" in subsections (a)(2)(C)(i) and (b)(2)(C)(ii)(I) and inserting in lieu thereof "medicare qualified government employment". (B) FOR INDIVIDUALS WITH END-STAGE RENAL DISEASE.—

Section 226A(a) of such Act (42 U.S.C. 426-l(a)) is amended by striking out "medicare qualified Federal employment" in paragraphs (l)(A)(ii) and (l)(B)(iii) and inserting in lieu thereof "medicare qualified government employment". (C) CONFORMING AMENDMENTS.—

(i) Section 1811 of such Act (42 U.S.C. 1395c) is amended by striking out "Federal employment" in clauses (1) and (2) and inserting in lieu thereof "government employment". (ii) Section 226(g) of such Act (42 U.S.C. 426(g)) is amended by striking out "medicare qualified Federal employment" and inserting in lieu thereof "medicare qualified government employment by virtue of service described in section 210(a)(5)". 42 USC 410. (c) OPTIONAL MEDICARE COVERAGE OF CURRENT EMPLOYEES.—Sec-

tion 218 of the Social Security Act (42 U.S.C. 418) is amended by adding at the end the following new subsection: "(v)(l) The Secretary shall, at the request of any State, enter into or modify an agreement with such State under this section for the purpose of extending the provisions of title XVIII, and sections 226 and 226A, to services performed by employees of such State or any political subdivision thereof who are described in paragraph (2). "(2) This subsection shall apply only with respect to employees— "(A) whose services are not treated as employment as that term applies under section 210(p) by reason of paragraph (3) of such section; and "(B) who are not otherwise covered under the State's agreement under this section. "(3) Payments by the State required under subsection (e) with respect to employees covered under this subsection shall be limited

State and local governments. 425^ ^^^^' 42 USC 426-1.

Ante, p. 316.

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