26 U.S.C. § 9803 — Guaranteed renewability in multiemployer plans and certain multiple employer welfare arrangements
submitted 30 years ago by Pub. L. 104-191 to r/title-26-INTERNAL-REVENUE-CODE · 234 words · no verdicts yet
A multiemployer group health plan or multiple employer welfare arrangement generally may not deny an employer continued access to coverage. The listed exceptions include nonpayment, fraud, material noncompliance, geographic withdrawal, certain network conditions, and collective-bargaining failures.
(a) A group health plan* that is a multiemployer plan, as defined in section 414(f), or a multiple employer welfare arrangement may not deny an employer continued access to the same or different coverage under the plan, except: (1) for failure to pay contributions; (2) for fraud or intentional material misrepresentation by the employer; (3) for failure to comply with material plan provisions; (4) because the plan is stopping all coverage in a geographic area; (5) for a network plan*, because no person enrolled through the employer still lives, resides, or works in the network service area, if the plan applies this rule uniformly without regard to employers’ claims experience or a factor in section 9802(a)(1) concerning those people or dependents; or (6) for failure to meet a collective-bargaining agreement, renew an agreement requiring or authorizing contributions, or employ employees covered by such an agreement. (b) “Multiple employer welfare arrangement” has the meaning given in section 3(40) of the Employee* Retirement Income Security Act of 1974 as that provision existed when this section was enacted. This section does not otherwise define the quoted term.
A group health plan* which is a multiemployer plan (as defined in section 414(f)) or which is a multiple employer welfare arrangement may not deny an employer continued access to the same or different coverage under such plan, other than—
for nonpayment of contributions;
for fraud or other intentional misrepresentation of material fact by the employer;
for noncompliance with material plan provisions;
because the plan is ceasing to offer any coverage in a geographic area;
in the case of a plan that offers benefits through a network plan*, because there is no longer any individual enrolled through the employer who lives, resides, or works in the service area of the network plan and the plan applies this paragraph uniformly without regard to the claims experience of employers or a factor described in section 9802(a)(1) in relation to such individuals or their dependents; or
for failure to meet the terms of an applicable collective bargaining agreement, to renew a collective bargaining or other agreement requiring or authorizing contributions to the plan, or to employ employees covered by such an agreement.
For purposes of subsection (a), the term “multiple employer welfare arrangement” has the meaning given such term by section 3(40) of the Employee* Retirement Income Security Act of 1974, as in effect on the date of the enactment of this section.
Source credit: (Added Pub. L. 104–191, title IV, § 401(a), Aug. 21, 1996, 110 Stat. 2079.)
- 1996Enacted · Pub. L. 104-191 · 110 Stat. 2079
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-191 on 1996-08-21.
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