HR 4222 IHCommentsClose CommentsPermalink

To amend title I of the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and title XXII of the Public Health Service Act to extend COBRA benefits for certain TAA-eligible individuals and PBGC recipients.CommentsClose CommentsPermalink

November 15, 2007

Mr. FORTENBERRY introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To amend title I of the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and title XXII of the Public Health Service Act to extend COBRA benefits for certain TAA-eligible individuals and PBGC recipients.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS.

(a) ERISA Amendments- Section 602(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is amended--CommentsClose CommentsPermalink





(1) by moving clause (v) to after clause (iv) and before the flush left sentence beginning with `In the case of a qualified beneficiary';CommentsClose CommentsPermalink





(2) by striking `In the case of a qualified beneficiary' and inserting the following:CommentsClose CommentsPermalink





`(vi) SPECIAL RULE FOR DISABILITY- In the case of a qualified beneficiary'; andCommentsClose CommentsPermalink





(3) by redesignating clauses (v) and (vi), as amended by paragraphs (1) and (2), as clauses (viii) and (ix) and by inserting after clause (iv) the following new clauses:CommentsClose CommentsPermalink





`(v) SPECIAL RULE FOR PBGC RECIPIENTS- In the case of a qualifying event described in section 603(2) with respect to a covered employee who (as of such qualifying event) has a nonforfeitable right to a benefit any portion of which is to be paid by the Pension Benefit Guaranty Corporation under title IV, notwithstanding clause (i) or (ii), the date of the death of the covered employee, or in the case of the surviving spouse or dependent children of the covered employee, 36 months after the date of the death of the covered employee.CommentsClose CommentsPermalink





`(vi) SPECIAL RULE FOR TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in section 603(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (vii), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 605(b)(4)(B)), the period of coverage shall not terminate by reason of clause (i) or (ii), as the case may be, before the later of the date specified in such clause or the date on which such individual ceases to be such a TAA-eligible individual.CommentsClose CommentsPermalink





`(vii) SPECIAL RULE FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in section 603(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (vi), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 605(b)(4)(B)) and who (as of such qualifying event) has attained age 55 or has completed 10 or more years of service with the employer, clauses (i) and (ii) shall not apply.'.CommentsClose CommentsPermalink





(b) IRC Amendments- Clause (i) of section 4980B(f)(2)(B) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(1) by striking `In the case of a qualified beneficiary' and inserting the following:CommentsClose CommentsPermalink





`(VI) SPECIAL RULE FOR DISABILITY- In the case of a qualified beneficiary', andCommentsClose CommentsPermalink





(2) by redesignating subclauses (V) and (VI), as amended by paragraph (1), as subclauses (VIII) and (IX) and by inserting after clause (IV) the following new subclauses:CommentsClose CommentsPermalink





`(V) SPECIAL RULE FOR PBGC RECIPIENTS- In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who (as of such qualifying event) has a nonforfeitable right to a benefit any portion of which is to be paid by the Pension Benefit Guaranty Corporation under title IV of the Employee Retirement Income Security Act of 1974, notwithstanding subclause (I) or (II), the date of the death of the covered employee, or in the case of the surviving spouse or dependent children of the covered employee, 36 months after the date of the death of the covered employee.CommentsClose CommentsPermalink





`(VI) SPECIAL RULE FOR TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who is (as of the date that the period of coverage would, but for this subclause or subclause (VII), otherwise terminate under subclause (I) or (II)) a TAA-eligible individual (as defined in paragraph (5)(C)(iv)(II)), the period of coverage shall not terminate by reason of subclause (I) or (II), as the case may be, before the later of the date specified in such subclause or the date on which such individual ceases to be such a TAA-eligible individual.CommentsClose CommentsPermalink





`(VII) SPECIAL RULE FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who is (as of the date that the period of coverage would, but for this subclause or subclause (VI), otherwise terminate under subclause (I) or (II)) a TAA-eligible individual (as defined in paragraph (5)(C)(iv)(II)) and who (as of such qualifying event) has attained age 55 or has completed 10 or more years of service with the employer, subclauses (I) and (II) shall not apply.'.CommentsClose CommentsPermalink





(c) PHSA Amendments- Section 2202(2)(A) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended--CommentsClose CommentsPermalink





(1) by striking `In the case of a qualified beneficiary' and inserting the following:CommentsClose CommentsPermalink





`(v) SPECIAL RULE FOR DISABILITY- In the case of a qualified beneficiary'; andCommentsClose CommentsPermalink





(2) by redesignating clauses (iv) and (v), as amended by paragraph (1), as clauses (vi) and (vii) and by inserting after clause (iii) the following new clauses:CommentsClose CommentsPermalink





`(iv) SPECIAL RULE FOR TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in section 2203(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (v), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 2205(b)(4)(B)), the period of coverage shall not terminate by reason of clause (i) or (ii), as the case may be, before the later of the date specified in such clause or the date on which such individual ceases to be such a TAA-eligible individual.CommentsClose CommentsPermalink





`(v) SPECIAL RULE FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in section 2203(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (iv), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 2205(b)(4)(B)) and who (as of such qualifying event) has attained age 55 or has completed 10 or more years of service with the employer, clauses (i) and (ii) shall not apply.'.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to periods of coverage which would (without regard to the amendments made by this section) end on or after January 1, 2008.CommentsClose CommentsPermalink