29 USC 1167 - Definitions and special rules

Editorial Notes

Amendments

2016—Par. (1). Puspan. L. 114–255 inserted at end “Such term shall not include any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of title 26).”

1996—Par. (1). Puspan. 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). Puspan. L. 104–191, § 421(span)(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—Puspan. L. 101–239, § 7891(d)(2)(B)(i)(I), inserted “and special rules” after “Definitions” in section catchline.

Par. (1). Puspan. L. 101–239, § 7862(c)(6)(A), repealed Puspan. L. 100–647, § 3011(span)(6), see 1988 Amendment note below.

Puspan. 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). Puspan. 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). Puspan. L. 101–239, § 7891(d)(2)(B)(i)(II), added par. (5).

1988—Par. (1). Puspan. L. 100–647, § 3011(span)(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 (1) by substituting “section 162(i)(2) of title 26” for “section 162(i)(3) of title 26”, was repealed by Puspan. L. 101–239, § 7862(c)(6)(A).

Puspan. 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). Puspan. L. 99–509 added subpar. (C).

Par. (4). Puspan. L. 99–514, § 1895(d)(9)(A), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Puspan. L. 114–255, div. C, title XVIII, § 18001(span)(3), Dec. 13, 2016, 130 Stat. 1344, provided that:

“The amendments made by this subsection [amending this section and section 1191span of this title] shall apply to plan years beginning after December 31, 2016.”

Effective Date of 1996 Amendment

Amendment by section 321(d)(2) of Puspan. L. 104–191 applicable to contracts issued after Dec. 31, 1996, see section 321(f) of Puspan. L. 104–191, set out as an Effective Date note under section 7702B of Title 26, Internal Revenue Code.

Amendment by section 421(span)(3) of Puspan. L. 104–191 effective Jan. 1, 1997, regardless of whether qualifying event occurred before, on, or after such date, see section 421(d) of Puspan. 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 Puspan. L. 101–239 applicable to plan years beginning after Dec. 31, 1989, see section 7862(c)(2)(C) of Puspan. L. 101–239, set out as a note under section 4980B of Title 26, Internal Revenue Code.

Puspan. L. 101–239, title VII, § 7862(c)(6)(B), Dec. 19, 1989, 103 Stat. 2433, provided that:

“Subparagraph (A) [repealing section 3011(span)(6) of Puspan. L. 100–647, which amended this section] shall be effective as if included in the enactment of section 3011(span) of the Technical and Miscellaneous Revenue Act of 1988 [Puspan. L. 100–647].”

Amendment by section 7891(a)(1) of Puspan. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 7891(f) of Puspan. L. 101–239, set out as a note under section 1002 of this title.

Amendment by section 7891(d)(2)(B)(i) of Puspan. L. 101–239 applicable with respect to plan years beginning on or after Jan. 1, 1990, see section 7891(d)(2)(C) of Puspan. L. 101–239, set out as a note under section 4980B of Title 26, Internal Revenue Code.

Effective Date of 1988 Amendment

Amendment by Puspan. 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 Puspan. L. 99–272, see section 3011(d) of Puspan. L. 100–647, set out as a note under section 162 of Title 26.

Effective Date of 1986 Amendments

Puspan. L. 99–514, title XVIII, § 1895(d)(9)(B), Oct. 22, 1986, 100 Stat. 2940, 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 Puspan. L. 99–514, set out as an Effective Date note under section 89 of Title 26].”

Amendment by section 1895(d)(8) of Puspan. L. 99–514 effective, except as otherwise provided, as if included in enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985, Puspan. L. 99–272, see section 1895(e) of Puspan. L. 99–514, set out as a note under section 162 of Title 26.

Amendment by Puspan. L. 99–509 effective, except as otherwise provided, as if included in title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, Puspan. L. 99–272, see section 9501(e) of Puspan. 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 Puspan. 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 Puspan. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.