Page:United States Statutes at Large Volume 124.djvu/198

 124 STAT. 172 PUBLIC LAW 111–148—MAR. 23, 2010 (b)(1)) or by a small employer (as defined in subsection (b)(2)), respectively. (b) EMPLOYERS.—In this title: (1) LARGE EMPLOYER.—The term ‘‘large employer’’ means, in connection with a group health plan with respect to a cal- endar year and a plan year, an employer who employed an average of at least 101 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year. (2) SMALL EMPLOYER.—The term ‘‘small employer’’ means, in connection with a group health plan with respect to a cal- endar year and a plan year, an employer who employed an average of at least 1 but not more than 100 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year. (3) STATE OPTION TO TREAT 50 EMPLOYEES AS SMALL.— In the case of plan years beginning before January 1, 2016, a State may elect to apply this subsection by substituting ‘‘51 employees’’ for ‘‘101 employees’’ in paragraph (1) and by substituting ‘‘50 employees’’ for ‘‘100 employees’’ in paragraph (2). (4) RULES FOR DETERMINING EMPLOYER SIZE.—For purposes of this subsection— (A) APPLICATION OF AGGREGATION RULE FOR EMPLOYERS.—A ll persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 employer. (B) EMPLOYERS NOT IN EXISTENCE IN PRECEDING YEAR.—In the case of an employer which was not in exist- ence throughout the preceding calendar year, the deter- mination of whether such employer is a small or large employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. (C) PREDECESSORS.—Any reference in this subsection to an employer shall include a reference to any predecessor of such employer. (D) CONTINUATION OF PARTICIPATION FOR GROWING SMALL EMPLOYERS.—If — (i) a qualified employer that is a small employer makes enrollment in qualified health plans offered in the small group market available to its employees through an Exchange; and (ii) the employer ceases to be a small employer by reason of an increase in the number of employees of such employer; the employer shall continue to be treated as a small employer for purposes of this subtitle for the period begin- ning with the increase and ending with the first day on which the employer does not make such enrollment avail- able to its employees. (c) SECRETARY.—In this title, the term ‘‘Secretary’’ means the Secretary of Health and Human Services. (d) STATE.—In this title, the term ‘‘State’’ means each of the 50 States and the District of Columbia. Time period.