Page:United States Statutes at Large Volume 103 Part 3.djvu/365

 PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2433 (ii) in the case of qualified beneficiaries who elected continuation coverage after December 31, 1988, the period for which the required premium was paid (or was at- r tempted to be paid but was rejected as such). (4)(A) The last sentence of section 602(3) of ERISA is amended to read as follows: "In no event may the plan require the payment of any premium before the day which is 45 days after the day on which the qualified beneficiary made the initial election for continuation coverage." (B) The last sentence of section 4980B(fK2XC) of the 1986 Code (as added by the Technical and Miscellaneous Revenue Act of 1988) is amended to read as follows: "In no event may the plan require the payment of any premium before the day which is 45 days after the day on which the qualified beneficiary made the initial election for continuation coverage." (C) The amendments made by this paragraph shall apply to plan years beginning after December 31, 1989. (5)(A) Clause (i) of section 4980B(fK2XB) is amended by adding at the end thereof the following new subclause: "(V) QUALIFYING EVENT INVOLVING MEDICARE ENTITLEMENT. —In the case of an event described in paragraph (3)(D) (without regard to whether such, event is a qualifying event), the period of coverage for qualified beneficiaries other than the covered employee for such event or any subsequent qualify- ing event shall not terminate before the close of the 36-month period beginning on the date the covered employee becomes entitled to benefits I under title XVIII of the Social Security Act." (B) Section 602(2)(A) of ERISA is amended by adding at the end thereof the following new clause: «« "(v) QuAUFYING EVENT INVOLVING MEDICARE ENTITLE- MENT.—In the case of an event described in section 603(4) (without regard to whether such event is a », qualifying event), the period of coverage for qualified beneficiaries other than the covered employee for such event or any subsequent qualifying event shall not terminate before the close of the 36-month period beginning on the date the covered employee becomes entitled to benefits under title XVIII of the Social Security Act." (C) The amendments made by this paragraph shall apply to plan years beginning after December 31, 1989. (6)(A) Section 3011(b)(6) of the Technical and Miscellaneous Revenue Act of 1988 (Public Law 100-647) is repealed. (B) Subparagraph (A) shall be effective as if included in the enactment of section 3011(b) of the Technical and Miscellaneous Revenue Act of 1988. (d) AMENDMENTS RELATED TO SECTION 1898 OF THE REFORM ACT.— (I)(A) Clause (ii) of section 417(a)(3)(B) (defining applicable period) is amended by striking subclause (V) and inserting at the end thereof the following new flush sentence: "In the case of a participant who separates from service before attaining age 35, the applicable period shall be a reasonable period after separation.". 29 USC 1162. 26 USC 4980B note. 26 USC 4980B note. 29 USC 1167. Effective date. 29 USC 1167 note. 26 USC 417.

�