§ 1168 TITLE 29—LABOR Page 468

1988—Par. (1). Pub. L. 100–647, §3011(b)(6), which directed amendment of par. (1) by substituting ‘‘section

162(i)(2) of title 26’’ for ‘‘section 162(i)(3) of title 26’’, was

repealed by Pub. L. 101–239, §7862(c)(6)(A).

Pub. L. 99–514, §1895(d)(8), amended par. (1) generally.

Prior to amendment, par. (1) read as follows: ‘‘The term

‘group health plan’ means an employee welfare benefit

plan that is a group health plan (within the meaning of

section 162(i)(3) of title 26).’’

Par. (3)(C). Pub. L. 99–509 added subpar. (C).

Par. (4). Pub. L. 99–514, §1895(d)(9)(A), added par. (4).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 321(d)(2) of Pub. L. 104–191 applicable to contracts issued after Dec. 31, 1996, see section 321(f) of Pub. L. 104–191, set out as an Effective

Date note under section 7702B of Title 26, Internal Revenue Code.

Amendment by section 421(b)(3) of Pub. L. 104–191 effective Jan. 1, 1997, regardless of whether qualifying

event occurred before, on, or after such date, see section 421(d) of Pub. L. 104–191 set out as a note under section 4980B of Title 26.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 7862(c)(2)(A) of Pub. L. 101–239

applicable to plan years beginning after Dec. 31, 1989,

see section 7862(c)(2)(C) of Pub. L. 101–239, set out as a

note under section 4980B of Title 26, Internal Revenue

Code.

Section 7862(c)(6)(B) of Pub. L. 101–239 provided that:

‘‘Subparagraph (A) [repealing section 3011(b)(6) of Pub.

L. 100–647, which amended this section] shall be effective as if included in the enactment of section 3011(b) of

the Technical and Miscellaneous Revenue Act of 1988

[Pub. L. 100–647].’’

Amendment by section 7891(a)(1) of Pub. L. 101–239 effective, except as otherwise provided, as if included in

the provision of the Tax Reform Act of 1986, Pub. L.

99–514, to which such amendment relates, see section

7891(f) of Pub. L. 101–239, set out as a note under section

1002 of this title.

Amendment by section 7891(d)(2)(B)(i) of Pub. L.

101–239 applicable with respect to plan years beginning

on or after Jan. 1, 1990, see section 7891(d)(2)(C) of Pub.

L. 101–239, set out as a note under section 4980B of Title

26, Internal Revenue Code.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100–647 applicable 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) of Pub. L. 99–272, see section 3011(d) of Pub.

L. 100–647, set out as a note under section 162 of Title

26.

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 1895(d)(9)(B) of Pub. L. 99–514 provided that:

‘‘The amendment made by subparagraph (A) [amending

this section] shall take effect in the same manner and

to the same extent as the amendments made by subsections (e) and (i) of section 1151 of this Act [amending

sections 132 and 414 of Title 26, Internal Revenue Code,

see section 1151(k) of Pub. L. 99–514, set out as an Effective Date note under section 89 of Title 26].’’

Amendment by section 1895(d)(8) of 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.

Amendment by Pub. L. 99–509 effective, except as

otherwise provided, as if included in title X of the Consolidated Omnibus Budget Reconciliation Act of 1985,

Pub. L. 99–272, see section 9501(e) of Pub. L. 99–509, set

out as a note under section 162 of Title 26.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1144, 1162, 1163,

1165 of this title; title 38 sections 4317, 4318; title 42 sections 1396a, 1396b, 1396g–1.

§ 1168. Regulations

The Secretary may prescribe regulations to

carry out the provisions of this part.

(Pub. L. 93–406, title I, §608, as added Pub. L.

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

231.)

§ 1169. Additional standards for group health

plans

(a) Group health plan coverage pursuant to medical child support orders

(1) In general

Each group health plan shall provide benefits in accordance with the applicable requirements of any qualified medical child support

order. A qualified medical child support order

with respect to any participant or beneficiary

shall be deemed to apply to each group health

plan which has received such order, from

which the participant or beneficiary is eligible

to receive benefits, and with respect to which

the requirements of paragraph (4) are met.

(2) Definitions

For purposes of this subsection—

(A) Qualified medical child support order

The term ‘‘qualified medical child support

order’’ means a medical child support

order—

(i) which creates or recognizes the existence of an alternate recipient’s right to, or

assigns to an alternate recipient the right

to, receive benefits for which a participant

or beneficiary is eligible under a group

health plan, and

(ii) with respect to which the requirements of paragraphs (3) and (4) are met.

(B) Medical child support order

The term ‘‘medical child support order’’

means any judgment, decree, or order (including approval of a settlement agreement)

which—

(i) provides for child support with respect to a child of a participant under a

group health plan or provides for health

benefit coverage to such a child, is made

pursuant to a State domestic relations law

(including a community property law), and

relates to benefits under such plan, or

(ii) enforces a law relating to medical

child support described in section 1908 of

the Social Security Act [42 U.S.C. 1396g–1]