Page:United States Statutes at Large Volume 100 Part 3.djvu/1131

 PUBLIC LAW 99-514—OCT. 22, 1986

100 STAT. 2939

(iii) by striking out the heading for subparagraph (D) and inserting in lieu thereof the following: "GROUP HEALTH PLAN COVERAGE OR MEDICARE ELIGIBILITY.—".

(C) PHSA AMENDMENT.—Section 2202(2) of the Public Health Service Act is amended— (i) by striking out subparagraph (E); (ii) by striking out clause (i) of subparagraph (D) and inserting in lieu thereof the following: "(i) covered under any other group health plan (as an employee or otherwise), or"; and (iii) by striking out the heading for subparagraph (D) and inserting in lieu thereof the following: "GROUP HEALTH PLAN COVERAGE OR MEDICARE ELIGIBILITY.—". (5) CLARIFICATION RELATING TO ELECTION BY BENEFICIARIES.—

(A) IRC AMENDMENT.—Subparagraph (B) of section 162(k)(2) (relating to effect of election on other beneficiaries) is amended— (i) by inserting "of continuation coverage" after "any election"; and (ii) by adding at the end the following: "If there is a choice among types of coverage under the plan, each qualified beneficiary is entitled to make a separate selection among such types of coverage.". (B) ERISA AMENDMENT.—Section 605(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1165(2); 100 Stat. 230) is amended— (i) by inserting "of continuation coverage" after "any election"; and (ii) by adding at the end the following: "If there is a choice among t5rpes of coverage under the plan, each qualified beneficiary is entitled to make a separate selection among such types of coverage.''. (C) PHSA AMENDMENT.—Section 2205(2) of the Public Health Service Act is amended— (i) by inserting "of continuation coverage" after "any election"; and (ii) by adding at the end the following: "If there is a choice among types of coverage under the plan, each qualified beneficiary is entitled to make a separate selection among such t3T)es of coverage.". (6) NOTICE REQUIREMENT.—

(A) IRC AMENDMENT.—Subparagraph (C) of section 162(k)(6) (relating to notice requirements) is amended by inserting "within 60 days after the date of the qualifying event" after "paragraph (3)". (B) ERISA AMENDMENT.—Paragraph (3) of section 606 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166(3); 100 Stat. 230) is amended by inserting "within 60 days after the date of the qualifying event" after "section 603". (C) PHSA AMENDMENT.—Paragraph (3) of section 2206 of the Public Health Service Act is amended by inserting "within 60 days after the date of the qualifying event" after "section 603". (D) EFFECTIVE DATE.—The amendments made by this paragraph shall only apply with respect to qualifying events occurring after the date of the enactment of this Act.

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