I 

108TH CONGRESS 

1ST SESSION H. R. 2321

To promote and facilitate expansion of coverage under group health plans, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2003

Mr. ANDREWS (for himself and Mr. PAYNE) introduced the following bill; 

which was referred to the Committee on Education and the Workforce, 

and in addition to the Committee on Ways and Means, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL

To promote and facilitate expansion of coverage under group 

health plans, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Group Health Plan 

5 Coverage Expansion Act of 2003’’. 
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1 SEC. 2. PROGRAM TO PROMOTE AND FACILITATE EXPAN2 SION OF COVERAGE UNDER GROUP HEALTH 

3 PLANS. 

4 (a) IN GENERAL.—Part 5 of subtitle B of title I of 

5 the Employee Retirement Income Security Act of 1974 is 

6 amended by adding after section 518 (29 U.S.C. 1148) 

7 the following new section: 

8 ‘‘SEC. 519. PROMOTION AND FACILITATION OF COVERAGE 

9 UNDER GROUP HEALTH PLANS. 

10 ‘‘(a) IN GENERAL.—The Secretary shall establish by 

11 regulation a program—

12 ‘‘(1) to promote and facilitate the availability to 

13 individuals of financial assistance provided by the 

14 Federal Government and by States and political sub15 divisions thereof for the purpose of assisting such in16 dividuals with the payment of employee contribu17 tions to group health plans, and 

18 ‘‘(2) to promote and facilitate the establishment 

19 of alternative group purchasing or pooling arrange20 ments, such as purchasing cooperatives for small 

21 businesses, reinsurance pools, or high risk pools. 

22 ‘‘(b) INTERGOVERNMENTAL CONSULTATION.—Under 

23 such program, the Secretary shall—

24 ‘‘(1) provide for such ongoing consultation with 

25 agencies and instrumentalities of the Federal Gov26 ernment and of the States and political subdivisions 
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1 thereof as is necessary and appropriate to further 

2 the purposes such program, and 

3 ‘‘(2) submit to each House of the Congress 

4 such recommendations for such legislative changes 

5 as the Secretary may, from time to time, consider to 

6 be appropriate to further the purposes of such pro7 gram. 

8 ‘‘(c) SAFEGUARDS TO ENSURE MAINTENANCE OF

9 CURRENT LEVELS OF GOVERNMENTAL SUPPORT FOR

10 HEALTH CARE.—The Secretary shall ensure that partici11 pation in the program by any State or political subdivision 

12 thereof with respect to financial assistance described in 

13 subsection (a)(1) may not occur unless the Secretary finds 

14 that any reallocation of funds by such State or political 

15 subdivision in connection with participation in the pro16 gram does not result in a decrease in the number of indi17 viduals in the applicable jurisdiction who have substantial 

18 coverage for health benefits under either public or private 

19 programs.’’. 

20 (b) DEADLINE FOR ESTABLISHING PROGRAM.—The 

21 Secretary of Labor shall issue initial final regulations nec22 essary to carry out the program established under section 

23 518 of the Employee Retirement Income Security Act of 

24 1974 (added by section 2) not later than December 31, 

25 2004. 
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1 (c) CLERICAL AMENDMENTS.—The table of contents 

2 in section 1 of such Act is amended by inserting after the 

3 item relating to section 517 the following new items:

‘‘Sec. 518. Authority to postpone certain deadlines by reason of Presidentially 

declared disaster or terroristic or military actions. 

‘‘Sec. 519. Promotion and facilitation of coverage under group health plans.’’.

4 SEC. 3. NOTIFICATION TO PARTICIPANTS IN EMPLOYEE 

5 BENEFIT PLANS OF AVAILABILITY OF CHILD 

6 HEALTH ASSISTANCE UNDER SCHIP AND 

7 CASH BENEFITS AVAILABLE UNDER SSI. 

8 (a) IN GENERAL.—Section 104 of the Employee Re9 tirement Income Security Act of 1974 (29 U.S.C. 1024) 

10 is amended—

11 (1) by redesignating subsection (d) as sub12 section (e); and 

13 (2) by inserting after subsection (c) the fol14 lowing new subsection: 

15 ‘‘(d)(1) The administrator of an employee benefit 

16 plan shall include in each summary plan description, up17 dated summary plan description, and summary description 

18 of a modification or change to the plan which is furnished 

19 to participants, and shall provide separately to individuals 

20 claiming benefits under the plan, a summary description 

21 of—

22 ‘‘(A) the child health assistance available under 

23 State child health plans under title XXI of the So24 cial Security Act, and 
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1 ‘‘(B) the cash benefits available to eligible el2 derly or disabled individuals with limited income and 

3 resources under the supplemental security income 

4 program under title XVI of the Social Security Act. 

5 ‘‘(2) The summary description required under para6 graph (1) shall—

7 ‘‘(A) be in a form which shall be prescribed in 

8 regulations of the Secretary, in consultation with the 

9 Secretary of Health and Human Services, 

10 ‘‘(B) be written in a manner calculated to be 

11 understood by the average plan participant, and 

12 ‘‘(C) include—

13 ‘‘(i) the appropriate telephone number, 

14 Internet website, and mailing address for the 

15 State program providing the assistance de16 scribed in paragraph (1)(A) in the State in 

17 which the participant or beneficiary resides, and 

18 ‘‘(ii) the appropriate telephone number, 

19 Internet website, and mailing address for the 

20 supplemental security income program de21 scribed in paragraph (1)(B), 

22 together with the benefits information applicable to 

23 such programs.’’. 

24 (b) ENFORCEMENT.—Section 502(c)(1)(A) of such 

25 Act (29 U.S.C. 1132(c)(1)) is amended by striking ‘‘para-
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1 graph (1) or (4) of section 606 or section 101(e)(1)’’ and 

2 inserting ‘‘section 101(e)(1), section 104(d), or paragraph 

3 (1) or (4) of section 606’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply with respect to summary plan de6 scriptions, updated summary plan descriptions, and sum7 mary descriptions of plan modifications or changes fur8 nished to participants or beneficiaries, and in connection 

9 with benefit claims filed, after December 31, 2003. 

10 SEC. 4. PROHIBITION OF LIFETIME LIMITS IN GROUP 

11 HEALTH PLANS. 

12 (a) IN GENERAL.—Subpart B of part 7 of subtitle 

13 B of title I of the Employee Retirement Income Security 

14 Act of 1974 is amended by adding at the end the following 

15 new section: 

16 ‘‘SEC. 714. PROHIBITION ON APPLICATION OF LIFETIME 

17 LIMITATIONS. 

18 ‘‘(a) REQUIREMENT.—A group health plan, and a 

19 health insurance issuer offering group health insurance 

20 coverage, may not impose any aggregate lifetime limit on 

21 benefits, including any category of benefits, under the plan 

22 or coverage. 

23 ‘‘(b) NOTICE UNDER GROUP HEALTH PLAN.—The 

24 imposition of the requirement of this section shall be treat25 ed as a material modification in the terms of the plan de-
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1 scribed in section 102(a)(1), for purposes of assuring no2 tice of such requirements under the plan; except that the 

3 summary description required to be provided under the 

4 last sentence of section 104(b)(1) with respect to such 

5 modification shall be provided by not later than 60 days 

6 after the first day of the first plan year in which such 

7 requirement apply.’’. 

8 (b) CONFORMING AMENDMENTS.—

9 (1) Section 731(c) of such Act (29 U.S.C. 

10 1191(c)) is amended by striking ‘‘section 711’’ and 

11 inserting ‘‘sections 711 and 714’’. 

12 (2) Section 732(a) of such Act (29 U.S.C. 

13 1191a(a)) is amended by striking ‘‘section 711’’ and 

14 inserting ‘‘sections 711 and 714’’. 

15 (3) The table of contents in section 1 of such 

16 Act is amended by inserting after the item relating 

17 to section 713 the following new item:

‘‘Sec. 714. Prohibition on application of lifetime limitations.’’.

18 (c) EFFECTIVE DATES.—

19 (1) IN GENERAL.—Subject to paragraph (2), 

20 the amendments made by this section apply with re21 spect to group health plans for plan years beginning 

22 on or after January 1, 2005. 

23 (2) COLLECTIVE BARGAINING EXCEPTION.—In 

24 the case of a group health plan maintained pursuant 

25 to 1 or more collective bargaining agreements be-
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1 tween employee representatives and 1 or more em2 ployers ratified before the date of enactment of this 

3 Act, the amendments made by this section shall not 

4 apply to plan years beginning before the later of—

5 (A) the date on which the last collective 

6 bargaining agreements relating to the plan ter7 minates (determined without regard to any ex8 tension thereof agreed to after the date of en9 actment of this Act), or 

10 (B) January 1, 2005. 

11 For purposes of subparagraph (A), any plan amend12 ment made pursuant to a collective bargaining 

13 agreement relating to the plan which amends the 

14 plan solely to conform to any requirement added by 

15 this section shall not be treated as a termination of 

16 such collective bargaining agreement. 

17 SEC. 5. PROHIBITION OF DISCRIMINATION BASED ON PRE18 EXISTING CONDITIONS. 

19 (a) IN GENERAL.—Subpart B of part 7 of subtitle 

20 B of title I of the Employee Retirement Income Security 

21 Act of 1974 (as amended by section 4) is amended further 

22 by adding at the end the following new section: 
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1 ‘‘SEC. 715. PROHIBITION ON DISCRIMINATION BASED ON 

2 PRE-EXISTING CONDITIONS. 

3 ‘‘(a) IN GENERAL.—A group health plan, and a 

4 health insurance issuer offering group health insurance 

5 coverage, may not impose any change in the premium 

6 rates charged for coverage of participants and bene7 ficiaries under the plan so as to result in a premium 

8 charged to any such participant or beneficiary which is 

9 above that which is charged to otherwise similarly situated 

10 individuals solely on the basis of a pre-existing condition 

11 of such participant or beneficiary. 

12 ‘‘(b) NOTICE UNDER GROUP HEALTH PLAN.—The 

13 imposition of the requirement of this section shall be treat14 ed as a material modification in the terms of the plan de15 scribed in section 102(a)(1), for purposes of assuring no16 tice of such requirements under the plan; except that the 

17 summary description required to be provided under the 

18 last sentence of section 104(b)(1) with respect to such 

19 modification shall be provided by not later than 60 days 

20 after the first day of the first plan year in which such 

21 requirement apply. 

22 ‘‘(c) PRE-EXISTING CONDITION.—For purposes of 

23 this section, the term ‘pre-existing condition’ means, in 

24 connection with any change in premium rates charged for 

25 coverage of a participant or beneficiary, a medical condi26 tion of the participant or beneficiary that was present be-
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1 fore the effective date of the change in premium rates, 

2 whether or not any medical advice, diagnosis, care, or 

3 treatment was recommended or received before such 

4 date.’’. 

5 (b) CONFORMING AMENDMENTS.—

6 (1) Section 732(a) of such Act (as amended by 

7 section 4 of this Act) is amended further by striking 

8 ‘‘sections 711 and 714’’ and inserting ‘‘sections 711, 

9 714, and 715’’. 

10 (2) The table of contents in section 1 of such 

11 Act (as amended by section 4 of this Act) is amend12 ed further by inserting after the item relating to sec13 tion 714 the following new item:

‘‘Sec. 715. Prohibition on discrimination based on pre-existing conditions.’’.

14 (c) EFFECTIVE DATES.—

15 (1) IN GENERAL.—Subject to paragraph (2), 

16 the amendments made by this section apply with re17 spect to group health plans for plan years beginning 

18 on or after January 1, 2005. 

19 (2) COLLECTIVE BARGAINING EXCEPTION.—In 

20 the case of a group health plan maintained pursuant 

21 to 1 or more collective bargaining agreements be22 tween employee representatives and 1 or more em23 ployers ratified before the date of enactment of this 

24 Act, the amendments made by this section shall not 

25 apply to plan years beginning before the later of—
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1 (A) the date on which the last collective 

2 bargaining agreements relating to the plan ter3 minates (determined without regard to any ex4 tension thereof agreed to after the date of en5 actment of this Act), or 

6 (B) January 1, 2005. 

7 For purposes of subparagraph (A), any plan amend8 ment made pursuant to a collective bargaining 

9 agreement relating to the plan which amends the 

10 plan solely to conform to any requirement added by 

11 this section shall not be treated as a termination of 

12 such collective bargaining agreement. 

13 SEC. 6. PAYMENTS BY PENSION AND ANNUITY PLANS FOR 

14 COBRA BENEFITS. 

15 (a) IN GENERAL.—Section 401 of the Internal Rev16 enue Code of 1986 is amended by redesignating subsection 

17 (o) as subsection (p) and by inserting after subsection (n) 

18 the following new subsection: 

19 ‘‘(o) PAYMENTS BY PLANS FOR CONTINUATION COV20 ERAGE PREMIUMS.—Under regulations prescribed by the 

21 Secretary, a pension or annuity plan shall not be consid22 ered as not satisfying the requirements of subsection (a) 

23 merely because the plan makes payments for premiums 

24 for continuation coverage under a group health plan on 

25 behalf of a qualified beneficiary which meet the require-
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1 ments of section 4980B(f), but such a plan making such 

2 payments shall be considered as not satisfying such re3 quirements unless such benefits are subordinate to the re4 tirement benefits provided by the plan and to the qualified 

5 current retiree health liabilities (as defined in section 420) 

6 of a health benefits account which is part of such plan.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall apply to taxable years beginning after 

9 the date of the enactment of this Act. 

10 SEC. 7. NOTICE TO PARTICIPANTS AND BENEFICIARIES 

11 CLAIMING GROUP HEALTH PLAN BENEFITS 

12 OF AVAILABILITY OF SSI BENEFITS. 

13 (a) IN GENERAL.—Section 609 of the Employee Re14 tirement Income Security Act of 1974 (29 U.S.C. 1169) 

15 is amended—

16 (1) by redesignating subsection (e) as sub17 section (f); and 

18 (2) by inserting after subsection (d) the fol19 lowing new subsection: 

20 ‘‘(e) NOTICE TO CLAIMANT OF AVAILABLE SSI BEN21 EFITS.—Upon receipt of a claim for benefits under a 

22 group health plan, the administrator of such plan shall, 

23 not later than 30 days after receipt of the claim, provide 

24 to the claimant written notice of the availability to eligible 

25 elderly or disabled individuals with limited income and re-
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1 sources to cash benefits under the supplemental security 

2 income program under title XVI of the Social Security 

3 Act. Such notice shall be in a form which shall be pre4 scribed by the Secretary of Health and Human Services.’’. 

5 (b) ENFORCEMENT.—Section 502(c)(1)(A) of such 

6 Act (as amended by section 3(b)) is amended further by 

7 striking ‘‘or paragraph (1) or (4) of section 606’’ and in8 serting ‘‘paragraph (1) or (4) of section 606, or section 

9 609(e)’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply in connection with claims for bene12 fits filed during plan years beginning on or after January 

13 1, 2005. 

14 SEC. 8. REQUIREMENT FOR QUALIFIED INDIVIDUALS WHO 

15 OBTAIN EMERGENCY ROOM SERVICES TO 

16 MAINTAIN SUBSTANTIAL HEALTH INSUR17 ANCE COVERAGE FOR 2 YEARS. 

18 (a) ALIENATION OF PENSION BENEFITS TO EN19 FORCE COURT ORDER TO MAINTAIN COVERAGE.—Section 

20 206 of the Employee Retirement Income Security Act of 

21 1974 (29 U.S.C. 1056) is amended by adding at the end 

22 the following new subsection: 

23 ‘‘(g) ALIENATION OF PENSION BENEFITS TO EN24 FORCE CERTAIN COURT ORDERS TO MAINTAIN SUBSTAN25 TIAL HEALTH INSURANCE COVERAGE.—
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1 ‘‘(1) ALIENATION OF PENSION BENEFITS.—

2 Subsection (d)(1) shall not apply in connection with 

3 any pension plan with respect to amounts payable, 

4 by an individual who is a participant or beneficiary 

5 under such plan and fails to meet the requirements 

6 of paragraph (2), for the purpose of acquiring and 

7 maintaining health insurance coverage pursuant to 

8 an order of a court of competent jurisdiction under 

9 section 502(c)(7). 

10 ‘‘(2) REQUIREMENT OF COVERAGE UPON OB11 TAINING EMERGENCY ROOM SERVICES.—In any case 

12 in which emergency room services are obtained for 

13 a qualified individual or for such individual’s spouse 

14 or dependent, such individual shall be treated as fail15 ing to meet the requirements of this paragraph with 

16 respect to the patient if, at the time that such serv17 ices are obtained, such patient is not covered under 

18 substantial health insurance coverage. 

19 ‘‘(3) DEFINITIONS.—For purposes of this sub20 section—

21 ‘‘(A) QUALIFIED INDIVIDUAL.—The term 

22 ‘qualified individual’ means an individual whose 

23 adjusted gross income for the taxable year pre24 ceding the time emergency room services de25 scribed in paragraph (2) are obtained is greater 
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1 than or equal to 500 percent of the poverty line 

2 (as defined by the Office of Management and 

3 Budget). 

4 ‘‘(B) EMERGENCY ROOM SERVICES.—The 

5 term ‘emergency room services’ means medical 

6 care at a hospital emergency department (as 

7 defined for purposes of section 1867 of the So8 cial Security Act (42 U.S.C. 1395dd)).’’. 

9 ‘‘(C) SUBSTANTIAL HEALTH INSURANCE

10 COVERAGE.—

11 ‘‘(i) IN GENERAL.—The term ‘sub12 stantial health insurance coverage’ means 

13 health insurance coverage (within the 

14 meaning of section 733(b)(1)) which is de15 termined by the Secretary (in consultation 

16 with the Secretary of Health and Human 

17 Services) to meet the following require18 ments: 

19 ‘‘(I) AGGREGATE ACTUARIAL

20 VALUE EQUIVALENT TO BENCHMARK

21 PACKAGE.—The coverage has an ag22 gregate actuarial value that is at least 

23 actuarially equivalent to one of the 

24 benchmark benefit packages. 
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1 ‘‘(II) INCLUSION OF BASIC SERV2 ICES.—The coverage includes benefits 

3 for items and services within each of 

4 the categories of basic services de5 scribed in clause (iii). 

6 ‘‘(III) SUBSTANTIAL ACTUARIAL

7 VALUE FOR ADDITIONAL SERVICES IN8 CLUDED IN BENCHMARK PACKAGE.—

9 With respect to each of the categories 

10 of additional services described in 

11 clause (iv) for which coverage is pro12 vided under the benchmark benefit 

13 package used under subclause (I), the 

14 coverage has an actuarial value that is 

15 equal to at least 75 percent of the ac16 tuarial value of the coverage of that 

17 category of services in such package. 

18 ‘‘(ii) BENCHMARK BENEFIT PACK19 AGES.—The benchmark benefit packages 

20 are as follows: 

21 ‘‘(I) FEHBP-EQUIVALENT

22 HEALTH INSURANCE COVERAGE.—The 

23 standard Blue Cross/Blue Shield pre24 ferred provider option service benefit 

25 plan, described in and offered under 
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1 section 8903(1) of title 5, United 

2 States Code. 

3 ‘‘(II) STATE EMPLOYEE COV4 ERAGE.—A health benefits coverage 

5 plan that is offered and generally 

6 available to State employees in the 

7 State involved. 

8 ‘‘(III) COVERAGE OFFERED

9 THROUGH HMO.—The health insur10 ance coverage plan that is offered by 

11 a health maintenance organization (as 

12 defined in section 2791(b)(3) of the 

13 Public Health Service Act), and has 

14 the largest insured commercial, non15 medicaid enrollment of covered lives of 

16 such coverage plans offered by such a 

17 health maintenance organization in 

18 the State involved. 

19 ‘‘(iii) CATEGORIES OF BASIC SERV20 ICES.—For purposes of this subparagraph, 

21 the categories of basic services described in 

22 this clause are as follows: 

23 ‘‘(I) Inpatient and outpatient 

24 hospital services. 
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1 ‘‘(II) Physicians’ surgical and 

2 medical services. 

3 ‘‘(III) Laboratory and x-ray serv4 ices. 

5 ‘‘(IV) Well-baby and well-child 

6 care, including age-appropriate immu7 nizations. 

8 ‘‘(iv) CATEGORIES OF ADDITIONAL

9 SERVICES.—For purposes of this subpara10 graph, the categories of additional services 

11 described in this clause are as follows: 

12 ‘‘(I) Coverage of prescription 

13 drugs. 

14 ‘‘(II) Mental health services. 

15 ‘‘(III) Vision services. 

16 ‘‘(IV) Hearing services. 

17 ‘‘(v) TREATMENT OF OTHER CAT18 EGORIES.—Nothing in this subparagraph 

19 shall be construed as preventing substan20 tial health insurance coverage from includ21 ing coverage of benefits that are not within 

22 a category of services described in clause 

23 (iii) or (iv). 

24 ‘‘(vi) DETERMINATION OF ACTUARIAL

25 VALUE.—The actuarial value of coverage 
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1 of benchmark benefit packages and cov2 erage of any categories of additional serv3 ices under benchmark benefit packages and 

4 under coverage offered by such a plan shall 

5 be set forth in an actuarial opinion in an 

6 actuarial report that has been prepared—

7 ‘‘(I) by an individual who is a 

8 member of the American Academy of 

9 Actuaries; 

10 ‘‘(II) using generally accepted ac11 tuarial principles and methodologies; 

12 ‘‘(III) using a standardized set of 

13 utilization and price factors; 

14 ‘‘(IV) using a standardized popu15 lation that is representative of pri16 vately insured individuals similarly sit17 uated when compared to individuals 

18 expected to be covered under the sub19 stantial health insurance coverage; 

20 ‘‘(V) applying the same principles 

21 and factors in comparing the value of 

22 different coverage (or categories of 

23 services); and 

24 ‘‘(VI) without taking into ac25 count any differences in coverage 
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1 based on the method of delivery or 

2 means of cost control or utilization 

3 used. 

4 The actuary preparing the opinion shall se5 lect and specify in the memorandum the 

6 standardized set and population to be used 

7 under subclauses (III) and (IV).’’. 

8 (b) REMEDY AGAINST QUALIFIED INDIVIDUALS FOR

9 NOT MAINTAINING SUBSTANTIAL HEALTH INSURANCE

10 COVERAGE WHILE OBTAINING EMERGENCY ROOM SERV11 ICES.—

12 (1) IN GENERAL.—Section 502 of the Employee 

13 Retirement Income Security Act of 1974 (29 U.S.C. 

14 1102) is amended—

15 (A) in subsection (a)(8), by striking ‘‘or’’ 

16 at the end; 

17 (B) in subsection (a)(9), by striking the 

18 period and inserting ‘‘; or’’; 

19 (C) by adding at the end of subsection (a) 

20 the following new paragraph: 

21 ‘‘(10) by the Secretary or a State, in accord22 ance with subsection (c)(7), to provide appropriate 

23 equitable remedies for failures to meet the require24 ments of section 206(g)(2).’’; 
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1 (D) by redesignating subsection (c)(8) as 

2 subsection (c)(9); and 

3 (E) by inserting after subsection (c)(7) the 

4 following new paragraph: 

5 ‘‘(8) In any action under subsection (a)(10), the 

6 court may provide appropriate equitable relief in connec7 tion with failures to meet the requirements of section 

8 206(g)(2). Such relief may include an order that the de9 fendant maintain, for at least the 2-year period com10 mencing with the date of the failure described in section 

11 206(g)(2), substantial health insurance coverage (as de12 fined in section 206(g)(3)(B)) covering the patient in13 volved.’’. 

14 (2) CONCURRENT JURISDICTION.—Section 

15 502(e)(1) of such Act (29 U.S.C. 1132(e)(1)) is 

16 amended—

17 (A) in the first sentence, by striking ‘‘sub18 section (a)(1)(B)’’ and inserting ‘‘paragraph 

19 (1)(B), (7), or (10) of subsection (a) of this 

20 section’’; and 

21 (B) in the last sentence, by striking ‘‘para22 graphs (1)(B) and (7)’’ and inserting ‘‘para23 graphs (1)(B), (7), and (10)’’. 

24 (c) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply with respect to failures (to meet 
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1 the requirements of section 206(g)(2) of the Employee Re2 tirement Income Security Act of 1974) occurring on or 

3 after the date of the enactment of this Act.

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