29 U.S.C. § 1166 — Notice requirements
submitted 40 years ago by Pub. L. 93-406 to r/title-29-LABOR · 512 words · no verdicts yet
This section addresses notice requirements. It states the specific duties, permissions, limits, exceptions, and other rules set out in the section.
(a) In general In accordance with regulations prescribed by the Secretary*—
(1) the group health plan* must provide, at the time of beginment of coverage under the plan*, written notice to each covered employee* and spouse of the employee* (if any) of the rights provided under this subsection,
(2) the employer* of an employee under a plan must notify the administrator* of a qualifying event* described in paragraph (1), (2), (4), or
(6) of section 1163 of this title within 30 days (or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan) of the date of the qualifying event,
(3) each covered employee or qualified beneficiary* is responsible for notifying the administrator of the occurrence of any qualifying event described in paragraph
(3) or
(5) of section 1163 of this title within 60 days after the date of the qualifying event and each qualified beneficiary* who is determined, under title II or XVI of the Social Security Act [ 42 U.S.C. 401 et seq., 1381 et seq.], to have been disabled at any time during the first 60 days of continuation coverage under this part is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled, and
(4) the administrator must notify—
(A) in the case of a qualifying event described in paragraph (1), (2), (4), or
(6) of section 1163 of this title, any qualified beneficiary about such event, and
(B) in the case of a qualifying event described in paragraph
(3) or
(5) of section 1163 of this title where the covered employee notifies the administrator under paragraph (3), any qualified beneficiary about such event, of such beneficiary’s rights under this subsection.
(b) Alternative means of compliance with requirements for notification of multiemployer plans by employers The requirements of subsection (a)(2) must be treated as satisfied in the case of a multiemployer plan in connection with a qualifying event described in paragraph
(2) of section 1163 of this title if the plan provides that the determination of the occurrence of such qualifying event will be made by the plan administrator.
(c) Rules relating to notification of qualified beneficiaries by plan administrator For purposes of subsection (a)(4), any notification must be made within 14 days (or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan) of the date on which the administrator is notified under paragraph
(2) or (3), whichever is applicable, and any such notification to an person* who is a qualified beneficiary as the spouse of the covered employee must be treated as notification to all other qualified beneficiaries residing with such spouse at the time such notification is made.
In accordance with regulations prescribed by the Secretary*—
the group health plan* shall provide, at the time of commencement of coverage under the plan*, written notice to each covered employee* and spouse of the employee* (if any) of the rights provided under this subsection,
the employer* of an employee under a plan must notify the administrator* of a qualifying event* described in paragraph (1), (2), (4), or (6) of section 1163 of this title within 30 days (or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan) of the date of the qualifying event,
each covered employee or qualified beneficiary* is responsible for notifying the administrator of the occurrence of any qualifying event described in paragraph (3) or (5) of section 1163 of this title within 60 days after the date of the qualifying event and each qualified beneficiary* who is determined, under title II or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.], to have been disabled at any time during the first 60 days of continuation coverage under this part is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled, and
the administrator shall notify—
in the case of a qualifying event described in paragraph (1), (2), (4), or (6) of section 1163 of this title, any qualified beneficiary with respect to such event, and
in the case of a qualifying event described in paragraph (3) or (5) of section 1163 of this title where the covered employee notifies the administrator under paragraph (3), any qualified beneficiary with respect to such event,
of such beneficiary’s rights under this subsection.
The requirements of subsection (a)(2) shall be considered satisfied in the case of a multiemployer plan in connection with a qualifying event described in paragraph (2) of section 1163 of this title if the plan provides that the determination of the occurrence of such qualifying event will be made by the plan administrator.
For purposes of subsection (a)(4), any notification shall be made within 14 days (or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan) of the date on which the administrator is notified under paragraph (2) or (3), whichever is applicable, and any such notification to an individual who is a qualified beneficiary as the spouse of the covered employee shall be treated as notification to all other qualified beneficiaries residing with such spouse at the time such notification is made.
Source credit: (Pub. L. 93–406, title I, § 606, as added Pub. L. 99–272, title X, § 10002(a), Apr. 7, 1986, 100 Stat. 230; amended Pub. L. 99–509, title IX, § 9501(d)(2), Oct. 21, 1986, 100 Stat. 2077; Pub. L. 99–514, title XVIII, § 1895(d)(6)(B), Oct. 22, 1986, 100 Stat. 2939; Pub. L. 101–239, title VI, § 6703(c), title VII, § 7891(d)(1)(A), Dec. 19, 1989, 103 Stat. 2296, 2445; Pub. L. 104–191, title IV, § 421(b)(2), Aug. 21, 1996, 110 Stat. 2088.)
- 1986Enacted · Pub. L. 93-406 · 100 Stat. 230
- 1986Amended · Pub. L. 99-509 · 100 Stat. 2077
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2939
- 1989Amended · Pub. L. 101-239 · 103 Stat. 2296, 2445
- 1996Amended · Pub. L. 104-191 · 110 Stat. 2088
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-406 on 1986-04-07.
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