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42 U.S.C. § 300gg–16Prohibition on discrimination in favor of highly compensated individuals

submitted 82 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 89 words · no verdicts yet

in plain englishAI-generated · not legal advice

Most group health plans can't favor highly paid employees over everyone else. They must follow rules similar to the tax code's nondiscrimination rules for self-insured plans. The law uses the tax code's own definition of "highly compensated individual."

(a) In general. A group health plan — other than a self-insured plan — must meet the requirements of section 105(h)(2) of title 26, the tax-code rule against favoring highly compensated individuals. (b) Rules and definitions. For this section: (1) Certain rules apply. Rules similar to those in paragraphs (3), (4), and (8) of section 105(h) of title 26 apply here too. (2) "Highly compensated individual" has the same meaning given to it in section 105(h)(5) of title 26.
the actual law source: uscode.house.gov ↗public domain
(a) In general

A group health plan (other than a self-insured plan) shall satisfy the requirements of section 105(h)(2) of title 26 (relating to prohibition on discrimination in favor of highly compensated individuals).

(b) Rules and definitions

For purposes of this section—

(1) Certain rules to apply

Rules similar to the rules contained in paragraphs (3), (4), and (8) of section 105(h) of title 26 shall apply.

(2) Highly compensated individual

The term “highly compensated individual” has the meaning given such term by section 105(h)(5) of title 26.

Source credit: (July 1, 1944, ch. 373, title XXVII, § 2716, as added and amended Pub. L. 111–148, title I, § 1001(5), title X, § 10101(d), Mar. 23, 2010, 124 Stat. 135, 884.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 111-148 · 124 Stat. 135, 884

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 1944-07-01.

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