Page:United States Statutes at Large Volume 102 Part 1.djvu/847

 PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 809

actuarial value of the duplicative part A benefits during the period described in subsection (c)(l)(A). (2) DupucATiVE PART B BENEFITS.—If an employer described in subsection (b)(2) provides, as of the date of the enactment of this Act, health care benefits to an employee or retired former employee that are duplicative part B benefits (as defined in paragraph (3)(B)), the employer shall, during the period described in subsection (c)(2), provide to the employee or retired former employee an amount of additional benefits or refunds, or combination of such benefits and refunds, that total at least the actuarial value of the duplicative part B benefits during the period described in subsection (c)(l)(B). (3) DupucATivE BENEFITS DEFINED.—In tWs section: (A) The term "duplicative part A benefits" means benefits which are duplicative of benefits under part A of title XVIII of the Social Security Act (as amended by this Act as of January 1, 1989), but which were not duplicative of such benefits as such part was in effect before the date of the enactment of this Act. (B) The term "duplicative part B benefits" means benefits which are duplicative of benefits under part B of title XVTII of the Social Security Act (as amended by this Act as of January 1, 1990, but excluding any such benefits with respect to covered outpatient drugs), but which were not duplicative of such benefits as such part was in effect before the date of the enactment of this Act. (C) Duplicative part A benefits and duplicative part B benefits shall be determined under this section net of any premiums payable by employees (or retired former employees) attributable to the respective duplicative benefits. (b) EMPLOYERS CJOVERED.—

(1) DuPUCATiVE PART A BENEFITS.—An employer is described in this paragraph if the employer (including a public employer, other than an employer to which section 422 applies) provides, as of the date of the enactment of this Act, duplicative part A benefits the actuarial v^ue of which is at least 50 percent of the national average actuarial value (discounted to the value as of the date of the enactment of this Act) of the duplicative part A benefits. (2) DupucATTVE PART B BENEFITS.—An employer is described in this paragraph if the employer (including a public employer, other than an employer to which section 422 applies) provides, as of the date of the enactment of this Act, duplicative part B benefits the actuarial value of which is at least 50 percent of the national average actuarial value (discounted to the value as of the date of the enactment of this Act) of the duplicative part B benefits. (3) ELECTION.—For purposes of this section— (A) IN GENERAL.—An employer may elect to compute the actuarial value of duplicative part A benefits and duplicative part B benefits either— (i) on the basis of average actuarial values published by the Secretary under subparagraph (B)(i)> or (ii) on the basis of the actuarial value with respect to that employer, computed using guidelines publisned by the Secretsury under subparagraph (B)(ii).

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