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USC › Title 42 › Chapter 6A › Subchapter XX › § 300bb–8

42 USC § 300bb–8 - Definitions

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 112-238. (See Public Laws for the current Congress.)

For purposes of this subchapter—
(1) Group health plan
The term “group health plan” has the meaning given such term in 5000(b)  [1] of title 26. 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).
(2) Covered employee
The term “covered employee” means an individual who is (or was) provided coverage under a group health plan by virtue of 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).
(3) Qualified beneficiary
(A) In general
The term “qualified beneficiary” means, with respect to a covered employee under a group health plan, any other individual who, on the day before the qualifying event for that employee, is a beneficiary under the plan—
(i) as the spouse of the covered employee, or
(ii) as the dependent child of the employee.
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.
(B) Special rule for terminations and reduced employment
In the case of a qualifying event described in section 300bb–3 (2) of this title, the term “qualified beneficiary” includes the covered employee.
(4) Plan administrator
The term “plan administrator” has the meaning given the term “administrator” by section 1002 (16)(A) of title 29.

[1]  So in original. Probably should be preceded by “section”.

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For purposes of this subchapter—
(1) Group health plan
The term “group health plan” has the meaning given such term in 5000(b)  [1] of title 26. 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).
(2) Covered employee
The term “covered employee” means an individual who is (or was) provided coverage under a group health plan by virtue of 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).
(3) Qualified beneficiary
(A) In general
The term “qualified beneficiary” means, with respect to a covered employee under a group health plan, any other individual who, on the day before the qualifying event for that employee, is a beneficiary under the plan—
(i) as the spouse of the covered employee, or
(ii) as the dependent child of the employee.
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.
(B) Special rule for terminations and reduced employment
In the case of a qualifying event described in section 300bb–3 (2) of this title, the term “qualified beneficiary” includes the covered employee.
(4) Plan administrator
The term “plan administrator” has the meaning given the term “administrator” by section 1002 (16)(A) of title 29.

[1]  So in original. Probably should be preceded by “section”.

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. 101–239substituted “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. 100–647substituted “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) ofPub. L. 104–191applicable to contracts issued after Dec. 31, 1996, see section 321(f) ofPub. 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) ofPub. L. 104–191effective Jan. 1, 1997, regardless of whether the qualifying event occurred before, on, or after such date, see section 421(d) ofPub. L. 104–191, set out as a note under section 4980B of Title 26.
Effective Date of 1989 Amendment

Section 6801(c)(2) ofPub. L. 101–239provided 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. 100–647applicable 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) ofPub. L. 99–272, see section 3011(d) ofPub. L. 100–647, set out as a note under section 162 of Title 26.

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