Notes on 29 U.S.C. § 1181 : US Code - Notes

Search Notes on 29 U.S.C. § 1181 : US Code - Notes

(Pub. L. 93-406, title I, Sec. 701, as added Pub. L. 104-191, title
I, Sec. 101(a), Aug. 21, 1996, 110 Stat. 1939; amended Pub. L. 104-
204, title VI, Sec. 603(b)(3)(H), Sept. 26, 1996, 110 Stat. 2938.)
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (c)(1)(C), (D),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Parts A
and B of title XVIII of the Act are classified generally to parts A
(Sec. 1395c et seq.) and B (Sec. 1395j et seq.) of subchapter XVIII
of chapter 7 of Title 42, The Public Health and Welfare. Title XIX
of the Act is classified generally to subchapter XIX (Sec. 1396 et
seq.) of chapter 7 of Title 42. For complete classification of this
Act to the Code, see section 1305 of Title 42 and Tables.
The Public Health Service Act, referred to in subsec. (g)(3), is
act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part A of
title XXVII of the Act is classified generally to part A (Sec.
300gg et seq.) of subchapter XXV of chapter 6A of Title 42. For
complete classification of this Act to the Code, see Short Title
note set out under section 201 of Title 42 and Tables.
AMENDMENTS
1996 - Subsec. (c)(1). Pub. L. 104-204 made technical amendment
to reference in original act which appears in text as reference to
section 1191b of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-204 applicable with respect to group
health plans for plan years beginning on and after Jan. 1, 1998,
see section 603(c) of Pub. L. 104-204, set out as a note under
section 1003 of this title.
EFFECTIVE DATE
Section 101(g) of Pub. L. 104-191 provided that:
"(1) In general. - Except as provided in this section, this
section [enacting this part and amending sections 1003, 1021, 1022,
1024, 1132, 1136, and 1144 of this title] (and the amendments made
by this section) shall apply with respect to group health plans for
plan years beginning after June 30, 1997.
"(2) Determination of creditable coverage. -
"(A) Period of coverage. -
"(i) In general. - Subject to clause (ii), no period before
July 1, 1996, shall be taken into account under part 7 of
subtitle B of title I of the Employee Retirement Income
Security Act of 1974 (as added by this section) [this part] in
determining creditable coverage.
"(ii) Special rule for certain periods. - The Secretary of
Labor, consistent with section 104 [42 U.S.C. 300gg-92 note],
shall provide for a process whereby individuals who need to
establish creditable coverage for periods before July 1, 1996,
and who would have such coverage credited but for clause (i)
may be given credit for creditable coverage for such periods
through the presentation of documents or other means.
"(B) Certifications, etc. -
"(i) In general. - Subject to clauses (ii) and (iii),
subsection (e) of section 701 of the Employee Retirement Income
Security Act of 1974 [29 U.S.C. 1181(e)](as added by this
section) shall apply to events occurring after June 30, 1996.
"(ii) No certification required to be provided before june 1,
1997. - In no case is a certification required to be provided
under such subsection before June 1, 1997.
"(iii) Certification only on written request for events
occurring before october 1, 1996. - In the case of an event
occurring after June 30, 1996, and before October 1, 1996, a
certification is not required to be provided under such
subsection unless an individual (with respect to whom the
certification is otherwise required to be made) requests such
certification in writing.
"(C) Transitional rule. - In the case of an individual who
seeks to establish creditable coverage for any period for which
certification is not required because it relates to an event
occurring before June 30, 1996 -
"(i) the individual may present other credible evidence of
such coverage in order to establish the period of creditable
coverage; and
"(ii) a group health plan and a health insurance issuer shall
not be subject to any penalty or enforcement action with
respect to the plan's or issuer's crediting (or not crediting)
such coverage if the plan or issuer has sought to comply in
good faith with the applicable requirements under the
amendments made by this section [enacting this part and
amending sections 1003, 1021, 1022, 1024, 1132, 1136, and 1144
of this title].
"(3) Special rule for collective bargaining agreements. - Except
as provided in paragraph (2), in the case of a group health plan
maintained pursuant to one or more collective bargaining agreements
between employee representatives and one or more employers ratified
before the date of the enactment of this Act [Aug. 21, 1996], part
7 of subtitle B of title I of Employee Retirement Income Security
Act of 1974 [this part] (other than section 701(e) thereof [29
U.S.C. 1181(e)]) shall not apply to plan years beginning before the
later of -
"(A) the date on which the last of the collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of the
enactment of this Act), or
"(B) July 1, 1997.
For purposes of subparagraph (A), any plan amendment made pursuant
to a collective bargaining agreement relating to the plan which
amends the plan solely to conform to any requirement of such part
shall not be treated as a termination of such collective bargaining
agreement.
"(4) Timely regulations. - The Secretary of Labor, consistent
with section 104 [42 U.S.C. 300gg-92 note], shall first issue by
not later than April 1, 1997, such regulations as may be necessary
to carry out the amendments made by this section.
"(5) Limitation on actions. - No enforcement action shall be
taken, pursuant to the amendments made by this section, against a
group health plan or health insurance issuer with respect to a
violation of a requirement imposed by such amendments before
January 1, 1998, or, if later, the date of issuance of regulations
referred to in paragraph (4), if the plan or issuer has sought to
comply in good faith with such requirements."