Source
(Pub. L. 93–406, title I, § 607, as added Pub. L. 99–272, title X, § 10002(a), Apr. 7, 1986, 100 Stat. 231; amended Pub. L. 99–509, title IX, § 9501(c)(2), Oct. 21, 1986, 100 Stat. 2077; Pub. L. 99–514, title XVIII, § 1895(d)(8), (9)(A), Oct. 22, 1986, 100 Stat. 2940; Pub. L. 100–647, title III, § 3011(b)(6), Nov. 10, 1988, 102 Stat. 3625; Pub. L. 101–239, title VII, §§ 7862(c)(2)(A), (6)(A),
7891
(a)(1), (d)(2)(B)(i), Dec. 19, 1989, 103 Stat. 2432, 2433, 2445, 2446; Pub. L. 104–191, title III, § 321(d)(2), title IV, § 421(b)(3), Aug. 21, 1996, 110 Stat. 2058, 2088.)
Amendments
1996—Par. (1).
Pub. L. 104–191, § 321(d)(2), inserted at end “Such term shall not include any plan substantially all of the coverage under which is for qualified long-term care services (as defined in section
7702B
(c) of title
26).”
Par. (3)(A).
Pub. L. 104–191, § 421(b)(3), inserted at end “Such term shall also include a child who is born to or placed for adoption with the covered employee during the period of continuation coverage under this part.”
1989—
Pub. L. 101–239, § 7891(d)(2)(B)(i)(I), inserted “and special rules” after “Definitions” in section catchline.
Par. (1).
Pub. L. 101–239, § 7862(c)(6)(A), repealed
Pub. L. 100–647, § 3011(b)(6), see 1988 Amendment note below.
Pub. L. 101–239, § 7891(a)(1), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Par. (2).
Pub. L. 101–239, § 7862(c)(2)(A), substituted “the performance of services by the individual for 1 or more persons maintaining the plan (including as an employee defined in section
401
(c)(1) of title
26)” for “the individual’s employment or previous employment with an employer”.
Par. (5).
Pub. L. 101–239, § 7891(d)(2)(B)(i)(II), added par. (5).
1988—Par. (1).
Pub. L. 100–647, § 3011(b)(6), which directed amendment of par. (1) by substituting “section
162
(i)(2) of title
26” for “section
162
(i)(3) of title
26”, was repealed by
Pub. L. 101–239, § 7862(c)(6)(A).
Pub. L. 99–514, § 1895(d)(8), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘group health plan’ means an employee welfare benefit plan that is a group health plan (within the meaning of section
162
(i)(3) of title
26).”
Par. (3)(C).
Pub. L. 99–509 added subpar. (C).
Par. (4).
Pub. L. 99–514, § 1895(d)(9)(A), added par. (4).
Effective Date of 1996 Amendment
Amendment by section 321(d)(2) of
Pub. L. 104–191 applicable to contracts issued after Dec. 31, 1996, see section 321(f) of
Pub. L. 104–191, set out as an Effective Date note under section
7702B of Title
26, Internal Revenue Code.
Amendment by section 421(b)(3) of
Pub. L. 104–191 effective Jan. 1, 1997, regardless of whether qualifying event occurred before, on, or after such date, see section 421(d) of
Pub. L. 104–191 set out as a note under section
4980B of Title
26.
Effective Date of 1989 Amendment
Amendment by section 7862(c)(2)(A) of
Pub. L. 101–239 applicable to plan years beginning after Dec. 31, 1989, see section 7862(c)(2)(C) of
Pub. L. 101–239, set out as a note under section
4980B of Title
26, Internal Revenue Code.
Section 7862(c)(6)(B) of
Pub. L. 101–239 provided that: “Subparagraph (A) [repealing section 3011(b)(6) of
Pub. L. 100–647, which amended this section] shall be effective as if included in the enactment of section 3011(b) of the Technical and Miscellaneous Revenue Act of 1988 [
Pub. L. 100–647].”
Amendment by section 7891(a)(1) of
Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986,
Pub. L. 99–514, to which such amendment relates, see section 7891(f) of
Pub. L. 101–239, set out as a note under section
1002 of this title.
Amendment by section 7891(d)(2)(B)(i) of
Pub. L. 101–239 applicable with respect to plan years beginning on or after Jan. 1, 1990, see section 7891(d)(2)(C) of
Pub. L. 101–239, set out as a note under section
4980B of Title
26, Internal Revenue Code.
Effective Date of 1988 Amendment
Amendment by
Pub. L. 100–647 applicable to taxable years beginning after Dec. 31, 1988, but not applicable to any plan for any plan year to which section
162
(k) of Title
26, Internal Revenue Code (as in effect on the day before Nov. 10, 1988) did not apply by reason of section 10001(e)(2) of
Pub. L. 99–272, see section 3011(d) of
Pub. L. 100–647, set out as a note under section
162 of Title
26.
Effective Date of 1986 Amendments
Section 1895(d)(9)(B) of
Pub. L. 99–514 provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect in the same manner and to the same extent as the amendments made by subsections (e) and (i) of section
1151 of this Act [amending sections
132 and
414 of Title
26, Internal Revenue Code, see section 1151(k) of
Pub. L. 99–514, set out as an Effective Date note under section
89 of Title
26].”
Amendment by section 1895(d)(8) of
Pub. L. 99–514 effective, except as otherwise provided, as if included in enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985,
Pub. L. 99–272, see section 1895(e) of
Pub. L. 99–514, set out as a note under section
162 of Title
26.
Amendment by
Pub. L. 99–509 effective, except as otherwise provided, as if included in title X of the Consolidated Omnibus Budget Reconciliation Act of 1985,
Pub. L. 99–272, see section 9501(e) of
Pub. L. 99–509, set out as a note under section
162 of Title
26.
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and
1171–1177] or title XVIII [§§ 1800–1899A] of
Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of
Pub. L. 99–514, as amended, set out as a note under section
401 of Title
26, Internal Revenue Code.