Page 465 TITLE 29—LABOR § 1166

1See References in Text note below.

mate of the cost of providing coverage for

such period for similarly situated beneficiaries which—

(i) is determined on an actuarial basis,

and

(ii) takes into account such factors as

the Secretary may prescribe in regulations.

(B) Determination on basis of past cost

If an administrator elects to have this subparagraph apply, the applicable premium for

any period of continuation coverage of qualified beneficiaries shall be equal to—

(i) the cost to the plan for similarly situated beneficiaries for the same period occurring during the preceding determination period under paragraph (3), adjusted

by

(ii) the percentage increase or decrease

in the implicit price deflator of the gross

national product (calculated by the Department of Commerce and published in

the Survey of Current Business) for the 12-

month period ending on the last day of the

sixth month of such preceding determination period.

(C) Subparagraph (B) not to apply where significant change

An administrator may not elect to have

subparagraph (B) apply in any case in which

there is any significant difference, between

the determination period and the preceding

determination period, in coverage under, or

in employees covered by, the plan. The determination under the preceding sentence

for any determination period shall be made

at the same time as the determination under

paragraph (3).

(3) Determination period

The determination of any applicable premium shall be made for a period of 12 months

and shall be made before the beginning of such

period.

(Pub. L. 93–406, title I, §604, as added Pub. L.

99–272, title X, §10002(a), Apr. 7, 1986, 100 Stat.

229.)

§ 1165. Election

For purposes of this part—

(1) Election period

The term ‘‘election period’’ means the period

which—

(A) begins not later than the date on which

coverage terminates under the plan by reason of a qualifying event,

(B) is of at least 60 days’ duration, and

(C) ends not earlier than 60 days after the

later of—

(i) the date described in subparagraph

(A), or

(ii) in the case of any qualified beneficiary who receives notice under section

1166(4) 1 of this title, the date of such notice.

(2) Effect of election on other beneficiaries

Except as otherwise specified in an election,

any election of continuation coverage by a

qualified beneficiary described in subparagraph (A)(i) or (B) of section 1167(3) of this

title shall be deemed to include an election of

continuation coverage on behalf of any other

qualified beneficiary who would lose coverage

under the plan by reason of the qualifying

event. If there is a choice among types of coverage under the plan, each qualified beneficiary is entitled to make a separate selection

among such types of coverage.

(Pub. L. 93–406, title I, §605, as added Pub. L.

99–272, title X, §10002(a), Apr. 7, 1986, 100 Stat.

230; amended Pub. L. 99–514, title XVIII,

§1895(d)(5)(B), Oct. 22, 1986, 100 Stat. 2939.)

REFERENCES IN TEXT

Section 1166(4) of this title, referred to in par.

(1)(C)(ii), was redesignated as section 1166(a)(4) of this

title by Pub. L. 101–239, title VII, §7891(d)(1)(A)(ii)(I),

Dec. 19, 1989, 103 Stat. 2445.

AMENDMENTS

1986—Par. (2). Pub. L. 99–514 inserted ‘‘of continuation

coverage’’ after ‘‘any election’’ and inserted at end ‘‘If

there is a choice among types of coverage under the

plan, each qualified beneficiary is entitled to make a

separate selection among such types of coverage.’’

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99–514 effective, except as

otherwise provided, as if included in enactment of the

Consolidated Omnibus Budget Reconciliation Act of

1985, Pub. L. 99–272, see section 1895(e) of Pub. L. 99–514,

set out as a note under section 162 of Title 26, Internal

Revenue Code.

PLAN AMENDMENTS NOT REQUIRED UNTIL

JANUARY 1, 1989

For provisions directing that if any amendments

made by subtitle A or subtitle C of title XI [§§1101–1147

and 1171–1177] or title XVIII [§§1800–1899A] of Pub. L.

99–514 require an amendment to any plan, such plan

amendment shall not be required to be made before the

first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99–514, as amended, set out as a

note under section 401 of Title 26, Internal Revenue

Code.

§ 1166. Notice requirements

(a) In general

In accordance with regulations prescribed by

the Secretary—

(1) the group health plan shall provide, at

the time of commencement of coverage under

the plan, written notice to each covered employee and spouse of the employee (if any) of

the rights provided under this subsection,

(2) the employer of an employee under a plan

must notify the administrator of a qualifying

event described in paragraph (1), (2), (4), or (6)

of section 1163 of this title within 30 days (or,

in the case of a group health plan which is a

multiemployer plan, such longer period of

time as may be provided in the terms of the

plan) of the date of the qualifying event,

(3) each covered employee or qualified beneficiary is responsible for notifying the administrator of the occurrence of any qualifying

event described in paragraph (3) or (5) of section 1163 of this title within 60 days after the

date of the qualifying event and each qualified

beneficiary who is determined, under title II

or XVI of the Social Security Act [42 U.S.C.