Source
(July 1, 1944, ch. 373, title XXII, § 2208, as added Pub. L. 99–272, title X, § 10003(a), Apr. 7, 1986, 100 Stat. 236; amended Pub. L. 100–647, title III, § 3011(b)(7), Nov. 10, 1988, 102 Stat. 3625; Pub. L. 101–239, title VI, § 6801(c)(1), Dec. 19, 1989, 103 Stat. 2297; Pub. L. 104–191, title I, § 102(d), title III, § 321(d)(3), title IV, § 421(a)(3), Aug. 21, 1996, 110 Stat. 1978, 2059, 2088.)
Amendments
1996—Par. (1).
Pub. L. 104–191, § 321(d)(3), inserted at end “Such term shall not include any plan substantially all of the coverage under which is for qualified long-term care services (as defined in section
7702B
(c) of title
26).”
Pub. L. 104–191, § 102(d), substituted “5000(b)” for “section
162
(i)(2)”.
Par. (3)(A).
Pub. L. 104–191, § 421(a)(3), inserted at end “Such term shall also include a child who is born to or placed for adoption with the covered employee during the period of continuation coverage under this subchapter.”
1989—Par. (2).
Pub. L. 101–239 substituted “the performance of services by the individual for 1 or more persons maintaining the plan (including as an employee defined in section
401
(c)(1) of title
26)” for “the individual’s employment or previous employment with an employer”.
1988—Par. (1).
Pub. L. 100–647 substituted “section 162(i)(2) of the Internal Revenue Code of 1986” for “section 162(i)(3) of the Internal Revenue Code of 1954”, which for purposes of codification was translated as “section
162
(i)(2) of title
26”.
Effective Date of 1996 Amendment
Amendment by section 321(d)(3) of
Pub. L. 104–191 applicable to contracts issued after Dec. 31, 1996, see section 321(f) of
Pub. L. 104–191, set out as an Effective Date note under section
7702B of Title
26, Internal Revenue Code.
Amendment by section 421(a)(3) of
Pub. L. 104–191 effective Jan. 1, 1997, regardless of whether the qualifying event occurred before, on, or after such date, see section 421(d) of
Pub. L. 104–191, set out as a note under section
4980B of Title
26.
Effective Date of 1989 Amendment
Section 6801(c)(2) of
Pub. L. 101–239 provided that: “The amendment made by paragraph (1) [amending this section] shall apply to plan years beginning after December 31, 1989.”
Effective Date of 1988 Amendment
Amendment by
Pub. L. 100–647 applicable to taxable years beginning after Dec. 31, 1988, but not applicable to any plan for any plan year to which section
162
(k) of Title
26, Internal Revenue Code (as in effect on the day before Nov. 10, 1988), did not apply by reason of section 10001(e)(2) of
Pub. L. 99–272, see section 3011(d) of
Pub. L. 100–647, set out as a note under section
162 of Title
26.