Earned Retiree Healthcare Benefits Protection Act of 2013 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish an enforceable obligation on sponsors of group health plans to restore health benefits previously taken away from plan participants to the extent such benefits were cancelled or altered after their retirement.
Prohibits group health plans from reducing retiree health benefits after the retirement of a plan beneficiary. Requires such plans to adopt provisions barring post-retirement reductions in retiree health benefits.
Requires group health plan sponsors to grant benefit restoration to retired plan participants. Authorizes the Secretary of Labor to waive or vary requirements for benefit restoration if compliance with such requirements would: (1) be adverse to the interests of plan participants in the aggregate, (2) not be administratively feasible, and (3) cause substantial business hardship to plan sponsors.
Establishes the Emergency Retiree Health Loan Guarantee Program. Authorizes the Program to guarantee loans provided by private financial institutions to assist plan sponsors in meeting benefit restoration obligations under this Act. Terminates loan guarantee authority on December 31, 2019.
Authorizes the Secretary to assess civil penalties for violations of this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2425 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2425
To amend title I of the Employee Retirement Income Security Act of 1974
to provide protection for company-provided retiree health benefits.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2013
Mr. Tierney (for himself, Mr. George Miller of California, Mr. Andrews,
and Mr. Jones) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend title I of the Employee Retirement Income Security Act of 1974
to provide protection for company-provided retiree health benefits.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earned Retiree Healthcare Benefits
Protection Act of 2013''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Retired participants of group health plans regulated by
the Employee Retirement Income Security Act of 1974 (ERISA)
have been severely harmed by the virtually unchecked practices
of sponsors of such plans involving the post-retirement
cancellation or reduction of earned health benefits contrary to
assurances retirees received prior to retirement that such
benefits would be with them for life.
(2) Such widespread post-retirement reductions in retiree
health benefits has led to a crisis in retiree health care in
which retirees--
(A) have been unable to substitute individual
coverage for the group coverage they lost, or, in order
to obtain individual coverage, have jeopardized their
economic security in retirement;
(B) because of preexisting medical conditions
cannot obtain substitute coverage that they can afford
without depleting their life savings or have been
unable to obtain adequate medical care or medical care
they had relied on to deal with serious illness;
(C) have sustained catastrophic illnesses or
injuries or otherwise experienced a marked
deterioration in their medical conditions or health as
a result of post-retirement changes to their medical
benefits;
(D) have been transferred indiscriminately into
improperly or inadequately managed health maintenance
organizations or other managed care entities, resulting
in the worsening rather than improvement of prior
medical conditions; and
(E) in many instances, have failed to obtain
adequate relief in the courts due to highly restrictive
judicial interpretations which are inconsistent with
ERISA's underlying protective purposes.
(3) The crisis in retiree healthcare generated by the plan
sponsor practice of post-retirement cancellations or reductions
of previously promised earned retiree health benefits has led
to a widespread loss of confidence in the integrity of ERISA-
regulated group health plans and the ability of ERISA itself to
adequately protect retiree health benefits.
(4) A strong and dependable private sector retiree health
system is a necessary component to the essential health of our
Nation's senior citizens.
(b) Purposes.--
(1) In general.--The purposes of this Act are to ensure
that the reasonable health benefit expectations of retirees
from ERISA-regulated group health plans are fulfilled, to
minimize the incidence of prolonged legal disputes arising out
of the post-retirement cancellation or reduction of earned
retiree health benefits from such plans, and to prevent further
adverse effects on retiree health arising from such post-
retirement changes.
(2) Future safeguards and enforceable obligations.--To
carry out the purposes described in paragraph (1):
(A) The provisions of this Act safeguard retired
participants of group health plans subject to ERISA
from loss or reduction of their health benefits from
such plans by barring plan sponsors from canceling or
reducing such benefits after the dates such
participants retire and when they no longer are able to
absorb such losses or reductions without experiencing
adverse effects on their health or finances.
(B) The provisions of this Act also establish an
enforceable obligation on the part of sponsors of such
group health plans to restore health benefits
previously taken away from retired participants of such
plans to the extent such benefits were cancelled or
altered after the dates such participants retired. The
obligation is limited to restoring healthcare benefits
only back to specified levels, and the obligation does
not apply if the plan sponsor would sustain substantial
business hardship by restoring such benefits.
SEC. 3. RETIREE HEALTH BENEFIT PROTECTIONS IN GROUP HEALTH PLANS.
(a) In General.--Subtitle B of title I of the Employee Retirement
Income Security Act of 1974 is amended by adding at the end the
following new part:
``PART 8--EMERGENCY RETIREE HEALTH BENEFIT PROTECTIONS
``SEC. 801. PROHIBITION AGAINST POST-RETIREMENT REDUCTIONS OF RETIREE
HEALTH BENEFITS BY GROUP HEALTH PLANS.
``(a) In General.--Notwithstanding that a group health plan
described in subsection (b) may contain a provision reserving the
general power to amend or terminate the plan or a provision
specifically authorizing the plan to make post-retirement reductions in
retiree health benefits, the benefits provided to a retired participant
or his or her beneficiary under the terms of the plan may not be
reduced, whether through amendment or otherwise, if such reduction of
benefits occurs after the date the participant has retired for purposes
of the plan and reduces benefits that were provided to the participant,
or his or her beneficiary, as of the date the participant retired. Any
group health plan provision which is purported to authorize the
reduction of benefits in a manner inconsistent with the preceding
sentence shall be void as against public policy.
``(b) Group Health Plan.--For purposes of this part, the term
`group health plan' has the same meaning as in section 607(1).
``(c) Prohibited Reduction of Benefits.--For purposes of this part,
any reference to a reduction of benefits shall be construed to be a
reference to any amendment to a group health plan, or to any other
action, which has the effect of--
``(1) canceling, decreasing, or limiting the amount, type,
or form of any benefit or option provided prior to the
amendment or action;
``(2) imposing or increasing out-of-pocket costs that a
retired participant, or his or her beneficiary, must pay in
order for benefits that were provided under the plan to the
participant or beneficiary prior to the amendment or action to
be provided to the participant or beneficiary after the
amendment or action; or
``(3) modifying the manner by which medical services are
delivered under the plan so that after the amendment or action
a retired participant, or his or her beneficiary, has less
ready access to the delivery of any such medical services than
the participant or beneficiary had prior to the amendment or
action.
``(d) Treatment of Plan Termination.--
``(1) In general.--Subject to paragraph (2), a termination
of a group health plan shall be treated as a reduction in
benefits prohibited under subsection (a) if, after the
termination, the plan sponsor of the terminated plan fails to
continue to provide to the participants who retired prior to
the termination and to their beneficiaries the same retiree
health benefits that were provided prior to the termination.
``(2) Waiver.--Paragraph (1) shall not apply in the case of
the termination of a group health plan if the Secretary issues
a waiver under this paragraph in connection with such
termination. The Secretary shall issue such a waiver if and
only if the plan sponsor demonstrates to the satisfaction of
the Secretary, in accordance with regulations prescribed by the
Secretary, that such plan sponsor will be unable to continue in
business unless such a waiver is issued.
``SEC. 802. ADOPTION BY GROUP HEALTH PLANS OF PROVISION BARRING POST-
RETIREMENT REDUCTIONS IN RETIREE HEALTH BENEFITS.
``Each group health plan which provides, as of the date of a
participant's retirement under the plan, benefits after such date with
respect to such participant or his or her beneficiaries shall contain a
provision which expressly bars any reduction in such benefits after
such date, either under the terms of the plan or by any fiduciary of
the plan.
``SEC. 803. RESTORATION BY GROUP HEALTH PLANS OF BENEFITS REDUCED AFTER
RETIREMENT.
``(a) In General.--The plan sponsor of each group health plan shall
provide, in accordance with this section, benefit restoration under
this section to each retired participant that meets the following
requirements:
``(1) The retired participant is entitled to benefit
coverage under the plan as of the date of the enactment of the
Earned Retiree Healthcare Benefits Protection Act of 2013.
``(2) The participant retired under the plan before the
date of the enactment of such Act, and a reduction in benefits,
with respect to any benefit or option provided to the retired
participant under the plan as of the date the participant
retired, took effect after the participant's date of retirement
and before the date of the enactment of such Act.
``(3) The retired participant has elected to restore
benefits under the plan within the restoration period
prescribed pursuant to subsection (b) and in accordance with
such procedures as may be established under the plan pursuant
to regulations of the Secretary.
``(b) Restoration Period.--For purposes of this section, the term
`restoration period' means a period which shall be prescribed by the
Secretary and which--
``(1) begins not later than 1 year after the date of the
enactment of the Earned Retiree Healthcare Benefits Protection
Act of 2013;
``(2) ends before the end of the 2-year period beginning
with such date, or such longer period as may result from a
suspension of such 2-year period by the Secretary pursuant to
section 804(g); and
``(3) is of no less than 60 days duration.
``(c) Applicable Standards for Restoration of Benefits.--
``(1) In general.--For purposes of this section, reduced
benefits shall be deemed restored under this section--
``(A) in the case of a participant who retired
under the plan before the plan year beginning with or
during 1991, if the benefits which were subjected to
reduction are restored to the level of such benefits
which was in effect for the plan year beginning with or
during 1991; and
``(B) in the case of a participant who retired
under the plan after the plan year beginning with or
during 1990 and before the date of the enactment of the
Earned Retiree Healthcare Benefits Protection Act of
2013, if the benefits which were subjected to reduction
are restored to the level of such benefits which was in
effect immediately prior to the reduction.
``(2) Level of benefits.--For purposes of paragraph (1),
restoration of benefits to a level required under paragraph (1)
occurs if--
``(A) any cancellation, decrease, or limitation
with respect to the amount, type, or form of any
benefit or option which resulted in the reduction in
benefits is rescinded or lessened so as to result in
the amount, type, and form of benefits in effect for
the plan year beginning with or during 1991 (in the
case of a participant described in paragraph (1)(A)) or
as of immediately prior to the reduction (in the case
of a participant described in paragraph (1)(B));
``(B) any imposition or increase in out-of-pocket
costs that the participant, or his or her beneficiary,
must pay which resulted in the reduction in benefits is
rescinded or lessened so as to result in the level of
out-of-pocket costs in effect for the plan year
beginning with or during 1991 (in the case of a
participant described in paragraph (1)(A)) or as of
immediately prior to the reduction (in the case of a
participant described in paragraph (1)(B)); and
``(C) any modification in the manner by which
medical services are delivered under the plan which
resulted in the reduction in benefits is rescinded or
amended so as to result in a manner by which medical
services are delivered under the plan which is
substantially equivalent to the manner by which medical
services are delivered in effect for the plan year
beginning with or during 1991 (in the case of a
participant described in paragraph (1)(A)) or as of
immediately prior to the reduction (in the case of a
participant described in paragraph (1)(B)).
``(d) Exception for Certain Plans.--In accordance with regulations
prescribed by the Secretary, in the case of any group health plan which
has less than 100 participants as of the date of the enactment of the
Earned Retiree Healthcare Benefits Protection Act of 2013, subsection
(a) shall apply to such plan only if, at any time during the period
described in subsection (b)(2) (including any extension thereof), such
plan has more than 100 participants.
``(e) Notice Requirements Concerning Restoration of Benefits.--In
accordance with such regulations as may be prescribed by the Secretary,
the plan administrator of each group health plan subject to the
requirements of subsection (a) shall, within 30 days prior to the
commencement of the plan's restoration period, provide written notice
to each retired participant of the plan who meets the requirements of
subsection (a) of the following:
``(1) A description of all benefits the retired participant
is entitled to have restored.
``(2) The administrative procedure established under the
plan which may be used to submit a claim for the restoration of
any benefits.
``(3) An itemization of the value of each benefit the
retired participant is entitled to have restored, as determined
in accordance with the regulations of the Secretary, and the
total value of all such benefits.
``(4) A description of any post-retirement increases in
retiree health benefits the retired participant received which
the plan sponsor could rescind if the retired participant
asserts a claim for the restoration of benefits.
``(5) An itemization of the value of each retiree health
benefit that the plan sponsor could rescind, as determined in
accordance with the regulations of the Secretary, and the total
value of all such benefits.
``(6) If the plan sponsor has filed an application for a
substantial business hardship exemption under section 804, the
date on which such application was filed, the date on which
notice of such application was given to retired participants
entitled to submit a claim for the restoration of benefits, and
the status of such application as of the date of the notice
sent pursuant to this subsection.
``(7) Such other information in such form and detail as may
be prescribed by the Secretary to carry out the purposes of
this part.
``(f) Deadline for Restoration of Benefits.--All benefits required
to be restored under this section shall be restored before the end of
the 2-year period beginning with the date of the enactment of the
Earned Retiree Healthcare Benefits Protection Act of 2013, subject to
any suspension of such period under section 804(g).
``SEC. 804. EXEMPTION FROM RESTORATION OF BENEFITS REQUIREMENTS.
``(a) Application for Exemption.--Any plan sponsor of a group
health plan that would sustain substantial business hardship if
required to fulfill, in whole or in part, the restoration of benefits
requirements contained in section 803, may file an application for an
exemption with the Secretary from any or all of such requirements.
``(b) Authority for Waiver or Variance.--In response to an
application filed by a plan sponsor pursuant to subsection (a), the
Secretary may waive or vary the requirements of section 803 with
respect to any or all of such requirements, including postponing for
reasonable periods of time the obligation of the plan sponsor to
restore reduced benefits, if the Secretary finds that compliance by the
plan sponsor with the requirements of section 803 would--
``(1) be adverse to the interests of plan participants in
the aggregate;
``(2) not be administratively feasible; and
``(3) cause substantial business hardship to the plan
sponsor.
``(c) Factors Taken Into Account.--For purposes of this section,
the factors to be taken into account in determining substantial
business hardship shall include (but shall not be limited to) whether--
``(1) the plan sponsor is operating at an economic loss;
``(2) compliance with the restoration of benefits
requirements would necessitate substantial future reductions in
health benefits provided to participants under the plan or
cause a substantial decline in employment with the plan
sponsor; and
``(3) it is reasonable to expect that the plan will be
continued only if a waiver or appropriate variance is granted.
``(d) Requirement of Satisfactory Evidence.--
``(1) In general.--The Secretary shall, before granting a
waiver or variance under this section, require each applicant
to provide evidence satisfactory to the Secretary that the
applicant has provided timely written notice of the filing of
an application for such waiver or variance to each retired
participant entitled to submit a claim for the restoration of
benefits under the applicant's plan.
``(2) Timeliness.--For purposes of paragraph (1), a written
notice shall be considered timely if it is provided not later
than 60 days prior to the date the plan sponsor files an
application for a waiver or variance under this section.
``(3) Information required.--The notice referred to in
paragraph (1) shall include information with respect to the
specific relief that will be sought by the plan sponsor's
application, the period of time for which relief is sought, and
such other relevant information as the Secretary may prescribe.
``(e) Participation in Proceedings by Retired Plan Participants.--
Each retired participant entitled to submit a claim for the restoration
of benefits within the meaning of this section shall be provided a
reasonable opportunity to submit comments or otherwise participate in
any proceeding established by the Secretary to determine whether to
grant or deny an application for a waiver or variance filed by the
retired participant's plan sponsor.
``(f) Exceptions for Certain Applications.--In any case in which
the plan sponsor of the group health plan also maintains a pension plan
which provides pension benefits with respect to any retired participant
entitled to submit a claim for the restoration of benefits within the
meaning of this section, the Secretary may not grant any application
for a waiver or variance purporting to satisfy the requirements of
subsection (b) if the requirements of paragraph (1) or (2) of this
subsection are met.
``(1) Failure to transfer excess pension assets.--The
requirements of this paragraph are met if--
``(A) within the 5-year period preceding the date
of the plan sponsor's application for the waiver or
variance, the plan sponsor could have transferred
excess assets of such pension plan to a health benefits
account in accordance with section 420 of the Internal
Revenue Code of 1986 (as in effect on the date of the
enactment of the Tax Relief Extension Act of 1999) but
did not do so; and
``(B) such health benefits account forms a part of
the group health plan with respect to which the plan
sponsor is submitting the application.
``(2) No ad hoc colas provided under well-funded pension
plan providing for such colas.--
``(A) In general.--The requirements of this
paragraph are met if--
``(i)(I) no employer contributions were
made to such pension plan during any of the 5
plan years preceding the date of the
application for the waiver or variance; and
``(II) despite such lack of employer
contributions, the minimum funding standard
under section 302 of this Act and section 412
of the Internal Revenue Code of 1986 was
satisfied with respect to such pension plan for
each of such 5 plan years and the average
funded ratio of the plan for such 5 plan years
was greater than 120 percent; and
``(ii)(I) the pension plan provided for ad
hoc cost-of-living adjustments in benefits
throughout such 5 plan years; and
``(II) no such ad hoc cost-of-living
adjustment in benefits was provided under such
pension plan during such 5 plan years.
``(B) Funded ratio.--For purposes of subparagraph
(A)(i)(II), the funded ratio of a pension plan for a
plan year is the ratio, expressed as a percentage, of--
``(i) the assets of the plan as of the end
of such plan year; to
``(ii) the liabilities of the plan as of
the end of such plan year.
``(g) Running of 2-Year Deadline Period Suspended.--The submission
of an application for a waiver or variance pursuant to this section
during the 2-year period referred to in section 803(f) shall suspend
the running of such period. If determined appropriate by the Secretary,
the Secretary may direct that the running of such period be resumed
upon the final conclusion of proceedings to determine whether an
application should be granted or denied.
``SEC. 805. ESTABLISHMENT OF EMERGENCY RETIREE HEALTH LOAN GUARANTEE
PROGRAM.
``(a) Definitions.--For purposes of this section--
``(1) Board.--The term `Board' means the Emergency Retiree
Health Loan Guarantee Board established under subsection (c).
``(2) Program.--The term `Program' means the Emergency
Retiree Health Loan Guarantee Program established under
subsection (b).
``(3) Eligible plan sponsor.--The term `eligible plan
sponsor' means any plan sponsor as defined in section 3(16)(B)
that maintains a group health plan subject to the retiree
health benefits restoration requirements of section 803.
``(b) Establishment of Emergency Retiree Health Loan Guarantee
Program.--There is established the Retiree Health Loan Guarantee
Program, to be administered by the Board, the purpose of which is to
provide loan guarantees to eligible plan sponsors in accordance with
this section.
``(c) Retiree Health Loan Guarantee Board Membership.--There is
established a Retiree Health Loan Guarantee Board, which shall be
composed of--
``(1) the Secretary of Labor, who shall serve as Chairman
of the Board;
``(2) the Secretary of Commerce;
``(3) the Secretary of the Treasury;
``(4) the Secretary of Health and Human Services; and
``(5) the Chairman of the Council of Economic Advisers.
``(d) Retiree Health Loan Guarantee Program.--
``(1) Authority.--The Program may guarantee loans provided
by private banking and investment institutions to eligible plan
sponsors for purposes of assisting such plan sponsors to meet
their obligations under section 803. Such loan guarantees shall
be provided to the extent provided in advance in appropriation
Acts pursuant to paragraph (4) and only in accordance with the
procedures, rules, and regulations established by the Board.
``(2) Total guarantee limit.--The aggregate amount of loans
guaranteed and outstanding at any time under this section may
not exceed $5,000,000,000.
``(3) Individual guarantee limit.--The aggregate amount of
loans guaranteed under this section with respect to a single
eligible plan sponsor may not exceed $5,000,000.
``(4) Additional costs.--For the additional cost of loans
guaranteed under this subsection, including the costs of
modifying the loans, as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a), there is
authorized to be appropriated $200,000,000, to remain available
until expended.
``(e) Requirements for Loan Guarantees.--A loan guarantee may be
issued under this section upon application to the Board by an eligible
plan sponsor pursuant to an agreement to provide a loan to that
eligible plan sponsor by a private bank or investment company, if the
Board determines that--
``(1) credit is not otherwise available to that eligible
plan sponsor under reasonable terms and conditions sufficient
to meet its financing needs with respect to the restoration of
retiree health benefits, as reflected in the financial and
business plans of that eligible plan sponsor;
``(2) the prospective earning power of that eligible plan
sponsor, together with the character and value of the security
pledged, furnish reasonable assurance of repayment of the loan
to be guaranteed in accordance with its terms;
``(3) the loan to be guaranteed bears interest at a rate
determined by the Board to be reasonable, taking into account
the current average yield on outstanding obligations of the
United States with remaining periods of maturity comparable to
the maturity of such loan;
``(4) the loan to be guaranteed will materially assist that
eligible plan sponsor to discharge its obligation to comply
with the restoration of benefits requirements contained in
section 803; and
``(5) the eligible plan sponsor has agreed to an audit by
the Government Accountability Office prior to the issuance of
the loan guarantee and annually while any such guaranteed loan
is outstanding.
``(f) Terms and Conditions of Loan Guarantee.--
``(1) Loan duration.--All loans guaranteed under this
section shall be payable in full not later than December 31,
2021, and the terms and conditions of each such loan shall
provide that the loan may not be amended or any provision
thereof waived without the consent of the Board.
``(2) Loan security.--Any commitment to issue a loan
guarantee under this section shall contain such affirmative and
negative covenants and other protective provisions that the
Board determines are appropriate.
``(3) Fees.--An eligible plan sponsor receiving a guarantee
under this section shall pay a fee in an amount equal to 0.5
percent of the outstanding principal balance of the guaranteed
loan to the Department of the Treasury.
``(g) Reports to Congress.--The Secretary of Labor shall submit
annually to each House of the Congress a full report of the activities
of the Board under this section during 2014 and 2015, and annually
thereafter during such period as any loan guaranteed under this section
is outstanding. Such report shall be submitted not later than January
31 of each year (beginning in 2014).
``(h) Salaries and Administrative Expenses.--For necessary expenses
to administer the Program, there is authorized to be appropriated to
the Department of Labor (and to be transferred to the Office of the
Assistant Secretary for Pension and Welfare Benefits Administration)
$10,000,000, to remain available until expended.
``(i) Termination of Guarantee Authority.--The authority of the
Board to make commitments to guarantee any loan under this section
shall terminate on December 31, 2019.
``(j) Regulatory Action.--The Board shall issue such final
procedures, rules, and regulations as may be necessary to carry out
this section not later than 90 days after the date of enactment of the
Earned Retiree Healthcare Benefits Protection Act of 2013. In no event
shall the Board issue a procedure, rule, or regulation which authorizes
it to approve or deny any application for a loan guarantee in more than
270 days after receipt of such application.
``SEC. 806. EFFECT ON OTHER CLAIMS.
``(a) Other Claims Unaffected.--Nothing in this part shall be
construed to alter, impair, or eliminate any claim for retiree health
benefits based on conduct alleged to violate the terms of a group
health plan, any provision of this Act (other than this part), or both,
regardless of whether such conduct occurred prior to, on, or after the
date of the enactment of the Earned Retiree Healthcare Benefits
Protection Act of 2013.
``(b) Other Causes of Action Not Authorized.--Nothing contained in
this part shall be construed to authorize any action for recovery of
retiree health benefits unless the conduct giving rise to the claim for
recovery is alleged to violate the provisions of this part.
``SEC. 807. REGULATIONS.
``The Secretary may promulgate such regulations as may be necessary
to carry out the provisions of this part. The Secretary may promulgate
any interim final rules as the Secretary deems are appropriate to carry
out this part.''.
(b) Civil Penalty.--Section 502(c) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1132(c)) is amended--
(1) by redesignating the second paragraph (10) (relating to
consultation between the Secretary of Labor and the Secretary
of Health and Human Services) as paragraph (12); and
(2) by inserting after the first paragraph (10) the
following new paragraph:
``(11) The Secretary may assess any person a civil penalty of not
more than $20,000 with respect to each failure by such person to meet
the requirements of section 801, 802, or 803 with respect to each
participant or beneficiary aggrieved by such failure.''.
(c) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by inserting after the item relating to section 734
the following new items:
``Part 8--Emergency Retiree Health Benefit Protections
``Sec. 801. Prohibition against post-retirement reductions of retiree
health benefits by group health plans.
``Sec. 802. Adoption by group health plans of provision barring post-
retirement reductions in retiree health
benefits.
``Sec. 803. Restoration by group health plans of benefits reduced after
retirement.
``Sec. 804. Exemption from restoration of benefits requirements.
``Sec. 805. Establishment of emergency retiree health loan guarantee
program.
``Sec. 806. Effect on other claims.
``Sec. 807. Regulations.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act, except that section 802 of the Employee
Retirement Income Security Act of 1974 (as added by section 3 of this
Act) shall apply with respect to plan years beginning after 180 days
after the date of the enactment of this Act. Compliance with the
requirements of part 8 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 with respect to a group health
plan shall not be treated as a failure to comply with the terms of such
plan.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
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