Internal Revenue Code:Sec. 9803. Guaranteed renewability in multiemployer plans and certain multiple employer welfare arrangements

From TaxAlmanac

Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle K - Group Health Plan Requirements
       CHAPTER 100 - GROUP HEALTH PLAN REQUIREMENTS
        Subchapter A - Requirements Relating to Portability, Access, and
              Renewability
       

Statute

    Sec. 9803. Guaranteed renewability in multiemployer plans and
        certain multiple employer welfare arrangements
 
    (a) In general
      A group health plan which is a multiemployer plan (as defined in
    section 414(f)) or which is a multiple employer welfare arrangement
    may not deny an employer continued access to the same or different
    coverage under such plan, other than -
        (1) for nonpayment of contributions;
        (2) for fraud or other intentional misrepresentation of
      material fact by the employer;
        (3) for noncompliance with material plan provisions;
        (4) because the plan is ceasing to offer any coverage in a
      geographic area;
        (5) in the case of a plan that offers benefits through a
      network plan, because there is no longer any individual enrolled
      through the employer who lives, resides, or works in the service
      area of the network plan and the plan applies this paragraph
      uniformly without regard to the claims experience of employers or
      a factor described in section 9802(a)(1) in relation to such
      individuals or their dependents; or
        (6) for failure to meet the terms of an applicable collective
      bargaining agreement, to renew a collective bargaining or other
      agreement requiring or authorizing contributions to the plan, or
      to employ employees covered by such an agreement.
    (b) Multiple employer welfare arrangement
      For purposes of subsection (a), the term ''multiple employer
    welfare arrangement'' has the meaning given such term by section
    3(40) of the Employee Retirement Income Security Act of 1974, as in
    effect on the date of the enactment of this section.
 

Sources

    (Added Pub. L. 104-191, title IV, Sec. 401(a), Aug. 21, 1996, 110
    Stat. 2079.)
 

References in Text

                             REFERENCES IN TEXT
      Section 3(40) of the Employee Retirement Income Security Act of
    1974, referred to in subsec. (b), is classified to section 1002(40)
    of Title 29, Labor.
      The date of the enactment of this section, referred to in subsec.
    (b), is the date of enactment of Pub. L. 104-191, which was
    approved Aug. 21, 1996.
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 4980D of this title.