Page:United States Statutes at Large Volume 104 Part 1.djvu/1016

 104 STAT. 982 PUBLIC LAW 101-433—OCT. 16, 1990 ments of the Age Discrimination in Emplo3rment Act of 1967 (as amended by this title): and (ii) then offer to each employee covered by a plan described in paragraph (I)(B) the option to elect such new disability benefits in lieu of the existing disability benefits, if— (I) the offer is made and reasonable notice provided no later than the date that is 2 years after the date of enactment of this Act; and (II) the employee is given up to 180 days after the offer in which to make the election. (B) PREVIOUS DISABILITY BENEFITS. —I f the employee does not elect to be covered by the new disability benefits, the employer may continue to cover the employee under the previous disability benefits even though such previous benefits do not otherwise satisfy the requirements of the Age Discrimination in Employment Act of 1967 (as amended by this title). (C) ABROGATION OF RIGHT TO RECEIVE BENEFITS. —An election of coverage under the new disability benefits shall abrogate any right the electing employee may have had to receive existing disability benefits. The employee shall maintain any years of service accumulated for purposes of determining eligibility for the new benefits. (3) STATE ASSISTANCE.— The Equal Employment Opportunity Commission, the Secretary of Labor, and the Secretary of the Treasury shall, on request, provide to States assistance in identifying and securing independent technical advice to assist in complying with this subsection. (4) DEFINITIONS. —For purposes of this subsection: (A) EMPLOYER AND STATE. — The terms "employer" and "State" shall have the respective meanings provided such terms under subsections (b) and (i) of section 11 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 630). (B) DISABILITY BENEFITS.—The term 'disability benefits' means any program for employees of a State or political subdivision of a State that provides long-term disability benefits, whether on an insured basis in a separate employee benefit plan or as part of an employee pension benefit plan. (C) REASONABLE NOTICE.—The term "reasonable notice" means, with respect to notice of new disability benefits described in paragraph (2)(A) that is given to each employee, notice that— (i) is sufficiently accurate and comprehensive to appraise the employee of the terms and conditions of the disability benefits, including whether the employee is immediately eligible for such benefits; and (ii) is written in a manner calculated to be understood by the average employee eligible to participate. (d) DISCRIMINATION IN EMPLOYEE PENSION BENEFIT PLANS.—Nothing in this title, or the amendments made by this title, shall be construed as limiting the prohibitions against discrimination that are set forth in section 4(j) of the Age Discrimination in Employ- ment Act of 1967 (as redesignated by section 103(2) of this Act). (e) CONTINUED BENEFIT PAYMENTS. — Notwithstanding any other provision of this section, on and after the effective date of this title

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