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5 U.S.C. § 9005 — Preemption

submitted 26 years ago by Pub. L. 106-265 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 185 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section says that certain terms in a contract under this chapter take precedence over conflicting State or local laws and regulations about long-term care insurance or contracts. It also bars those governments from taxing or charging money on premiums paid for policies under this chapter, while preserving certain taxes on the issuer’s business income or profit.

(a) Contractual Provisions.— The terms of any contract under this chapter that relate to the nature, provision, or extent of coverage or benefits, including payments for benefits, must supersede and preempt any State or local law, or any regulation issued “thereunder” (this section does not define “thereunder”), that relates to long-term care insurance or contracts. (b) Premiums.— (1) In general.— No State, the District of Columbia, or the Commonwealth of Puerto Rico, and no political subdivision or other governmental authority of any of them, may impose or collect, directly or indirectly, any tax, fee, or other monetary payment on, or with respect to, any premium paid for an insurance policy under this chapter. (2) Rule of construction.— Paragraph (1) does not exempt a company or other entity that issues a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit that the entity earns or realizes from business conducted under this chapter, if that tax, fee, or payment applies to a broad range of business activity.

the actual law source: uscode.house.gov ↗public domain
(a)Contractual Provisions.—

The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to long-term care insurance or contracts.

(b)Premiums.—
(1)In general.—

No tax, fee, or other monetary payment may be imposed or collected, directly or indirectly, by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid for an insurance policy under this chapter.

(2)Rule of construction.—

Paragraph (1) shall not be construed to exempt any company or other entity issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such entity from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity.

Source credit: (Added Pub. L. 106–265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 768; amended Pub. L. 107–104, § 2, Dec. 27, 2001, 115 Stat. 1001.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-265 · 114 Stat. 768
  • 2001Amended · Pub. L. 107-104 · 115 Stat. 1001

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-265 on 2000-09-19.

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