Page:United States Statutes at Large Volume 105 Part 1.djvu/65

 PUBLIC LAW 102-12—MAR. 18, 1991 105 STAT. 37 (2) by adding at the end the following: "(B) In the case of employer-offered health insurance, an exclusion or waiting period may not be imposed in connection with coverage of a health or physical condition of a person entitled to participate in that insurance under subparagraph (A), or a health or physical condition of any other person who is covered by the insurance by reason of the coverage of such person, if^ "(i) the condition arose before or during that person's period of training or service in the Armed Forces; "(ii) an exclusion or waiting period would not have been imposed for the condition during a period of coverage resulting from participation by such person in the insurance; and "(iii) the condition of such person has not been determined by the Secretary to be service-connected.". OJ) AMENDMENT TO SOLDIERS' AND SAILORS' CIVIL REUEF ACT OF 1940.—Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940 is amended by adding after section 702, as added by section 4, the following new section: "SEC. 703. (a) A person who, by reason of military service de- 50 USC app. scribed in section 702(a)(l), is entitled to the rights and benefits of ^^^• this Act shall also be entitled upon release from such military service to reinstatement of any health insurance which (1) was in effect on the day before such service commenced, and (2) was terminated effective on a date during the period of such service. "0)) An exclusion or a waiting period may not be imposed in connection with reinstatement of health insurance coverage of a health or physical condition of a person under subsection (a), or a health or physical condition of any other person who is covered by the insurance by reason of the coverage of such person, if— "(1) the condition arose before or during that person's period of training or service in the Armed Forces; "(2) an exclusion or waiting period would not have been imposed for the condition during a period of coverage resulting from participation by such person in the insurance; and "(3) the condition of such person has not been determined by the Secretary of Veterans Affairs to be a disability incurred or aggravated in the line of duty (within the meaning of section 105 of title 38, United States Code). "(c) Subsection (a) does not apply in the case of employer-offered insurance benefits in which a person referred to in such subsection is entitled to participate pursuant to the provisions of chapter 43 of title 38, United States Code.". (c) EFFECTIVE DATE.—The amendments made by this section shall 38 USC 2021 take effect as of August 1, 1990. note. SEC. 6. STAY OF JUDICIAL PROCEEDINGS. 50 USC app. (a) STAY OF ACTION OR PROCEEDING. — In any judicial action or ^° ^' proceeding (other than a criminal proceeding) in which a member of the Armed Forces described in subsection 0^) is involved (either as plaintiff or defendant), the court shall, upon application by such member (or some other person on the member's behalf) at any stage before final judgment is entered, stay the action or proceeding until a date after June 30, 1991. (b) MEMBERS COVERED,—A member of the Armed Forces is covered by subsection (a) if at the time of application for the stay of a judicial action or proceeding the member— (1) is on active duty; and

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