Page:United States Statutes at Large Volume 103 Part 3.djvu/226

 103 STAT. 2294 PUBLIC LAW 101-239—DEC. 19, 1989 "SEC. 322. SEVERABILITY. "(a) IN GENERAL. — Except as provided in subsection (b), if any provision of title XXI of the Public Health Service Act, as added by section 311(a), or the application of such a provision to any person or circumstance is held invalid by reason of a violation of the Constitu- tion, such title XXI shall be considered invalid. "(b) SPECIAL RULE. —If any amendment made by section 6601 of the Omnibus Budget Reconciliation Act of 1989 to title XXI of the Public Health Service Act or the application of such a provision to any person or circumstance is held invalid by reason of the Constitu- tion, subsection (a) shall not apply and such title XXI of the Public Health Service Act without such amendment shall continue in effect.". Subtitle E—Provisions With Respect to COBRA Continuation Coverage PART 1—EXTENSION OF COVERAGE FOR DISABLED EMPLOYEES SEC. 6701. EXTENSION, UNDER INTERNAL REVENUE CODE, OF COVERAGE FROM 18 TO 29 MONTHS FOR THOSE WITH A DISABILITY AT TIME OF TERMINATION OF EMPLOYMENT. (a) IN GENERAL. —Paragraph (2)(B) of section 4980B(f) of the In- ternal Revenue Code of 1986, as added by section 3011(a) of the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100- 647), (relating to maximum required period of continuation cov- erage), is amended— (1) in clause (i) by adding after and below subclause (IV) the following new sentence: "In the case of a qualified beneficiary who is deter- mined, under title II or XVI of the Social Security Act, to have been disabled at the time of a qualifying event described in paragraph (3)(B), any reference in subclause (I) or (II) to 18 months with respect to such event is deemed a reference to 29 months, but only if the qualified beneficiary has provided notice of such determination under paragraph (6)(C) before the end of such 18 months."; and ^ (2) by adding at the end the following new clause: " (v) TERMINATION OF EXTENDED COVERAGE FOR DISABILITY.—In the case of a qualified beneficiary who is disabled at the time of a qualifying event described in paragraph (3)(B), the month that begins more than 30 days after the date of the final determination under • title II or XVI of the Social Security Act that the qualified beneficiary is no longer disabled.". (b) INCREASED PREMIUM PERMITTED. —Paragraph (2)(C) of such section (relating to premium requirements) is amended by adding at the end the following new sentence: "In the case of an individual described in the last sentence of subparagraph (B)(i), any reference in clause (i) of this subparagraph to '102 percent' is deemed a reference to '150 percent for any month after the 18th month of continuation coverage described in subclause (I) or (II) of subpara- graph (B)(i). ".

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