Page:United States Statutes at Large Volume 102 Part 4.djvu/651

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PUBLIC LAW 100-647—NOV. 10, 1988

102 STAT. 3621

after the date due or within such longer period as applies to or under the plan. "(iv) GROUP HEALTH PLAN COVERAGE OR MEDICARE

ELiGiBiliTY.—The date on which the qualified beneficiary first becomes, after the date of the election— "(I) covered under any other group health plan (as an employee or otherwise), or "(11) in the case of a qualified beneficiary other than a qualified beneficiary described in subsection (g)(l)(D) entitled to benefits under title XVIII of the Social Security Act. "(C) PREMIUM REQUIREMENTS.—The plan may require payment of a premium for any period of continuation coverage, except that such premium— "(i) shall not exceed 102 percent of the applicable premium for such period, and "(ii) may, at the election of the payor, be made in monthly installments. If an election is made after the qualifying event, the plan shall permit payment for continuation coverage during the period preceding the election to be made within 45 days of the date of the election. "(D)

N O REQUIREMENT OF INSURABILITY.—The coverage

may not be conditioned upon, or discriminate on the basis of lack of, evidence of insurability. "(E) (INVERSION OPTION.—In the case of a qualified beneficiary whose period of continuation coverage expires under subparagraph (B)(i), the plan must, during the 180-day period ending on such expiration date, provide to the qualified beneficiary the option of enrollment under a conversion health plan otherwise generally available under the plan. "(3) QuAUFYiNG EVENT.—For purposes of this subsection, the term 'qualifying event' means, with respect to any covered employee, any of the following events which, but for the continuation coverage required under this subsection, would result in the loss of coverage of a qualified beneficiary— "(A) The death of the covered employee. "(B) The termination (other than by reason of such employee's gross misconduct), or reduction of hours, of the covered employee's employment. "(C) The divorce or legal separation of the covered employee from the employee's spouse. "(D) The covered employee becoming entitled to benefits under title XVIII of the Social Security Act. "(E) A dependent child ceasing to be a dependent child under the generally applicable requirements of the plan. "(F) A proceeding in a case under title 11, United States Code, commencing on or after July 1, 1986, with respect to the employer from whose employment the covered employee retired at any time. In the case of an event described in subparagraph (F), a loss of coverage includes a substantial elimination of coverage with respect to a qualified beneficiary described in subsection (g)(l)(D) within one year before or after the date of commencement of the proceeding. "(4) APPLICABLE PREMIUM.—For purposes of this subsection—

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