I 

112TH CONGRESS 

1ST SESSION H. R. 1028 

To provide for equal access to COBRA continuation coverage. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2011 

Mr. WEINER (for himself, Mr. FRANK of Massachusetts, Mr. POLIS, Ms. 

BALDWIN, Mr. CICILLINE, Ms. RICHARDSON, Mr. HONDA, Mr. GUTIERREZ, Ms. NORTON, Ms. BERKLEY, Mr. LANGEVIN, Mr. ROTHMAN of New 

Jersey, Ms. BROWN of Florida, Mr. DOYLE, Mr. CAPUANO, Mr. ACKERMAN, Mr. BERMAN, Ms. MOORE, Mr. TOWNS, Mr. GRIJALVA, Mr. 

ISRAEL, Mr. ELLISON, Mr. BRADY of Pennsylvania, Mr. MCGOVERN, Mr. 

NADLER, Mr. MORAN, Mr. SERRANO, Mrs. MALONEY, Mr. GEORGE MILLER of California, Mr. HINCHEY, Ms. CHU, Mr. ENGEL, Ms. WOOLSEY, 

Ms. ZOE LOFGREN of California, Mr. PALLONE, Mr. MICHAUD, Ms. 

EDDIE BERNICE JOHNSON of Texas, Ms. PINGREE of Maine, Mr. FILNER, Mrs. CAPPS, Mr. STARK, Mr. HOLT, Mr. HIGGINS, Mr. SHERMAN, 

and Ms. SPEIER) introduced the following bill; which was referred to the 

Committee on Education and the Workforce, and in addition to the Committees on Energy and Commerce and 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 provide for equal access to COBRA continuation coverage. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Equal Access to 

3 COBRA Act of 2011’’. 

4 SEC. 2. AMENDMENTS TO THE INTERNAL REVENUE CODE 

5 OF 1986. 

6 (a) QUALIFIED BENEFICIARY.—Section 

7 4980B(g)(1)(A) of the Internal Revenue Code of 1986 is 

8 amended— 

9 (1) in clause (i), by striking ‘‘or’’ at the end 

10 thereof; 

11 (2) in clause (ii), by striking the period and in12 serting a comma; and 

13 (3) by inserting after clause (ii), the following: 

14 ‘‘(iii) as the domestic partner of the 

15 employee, as such term is defined by the 

16 group health plan, or 

17 ‘‘(iv) as the dependent child of the do18 mestic partner (as defined in clause 

19 (iii)).’’. 

20 (b) SPECIAL RULE FOR RETIREES AND WIDOWS.— 

21 Section 4980B(g)(1)(D) of the Internal Revenue Code of 

22 1986 is amended by striking clauses (i) through (iii), and 

23 inserting the following: 

24 ‘‘(i) as the spouse or domestic partner 

25 (described in subparagraph (A)(iii)) of the 

26 covered employee, 


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1 ‘‘(ii) as the dependent child of the 

2 covered employee or the covered employee’s 

3 domestic partner (described in clause (i)), 

4 or 

5 ‘‘(iii) as the surviving spouse or sur6 viving domestic partner (described in 

7 clause (i)) of the covered employee.’’. 

8 (c) SPECIAL RULE FOR CERTAIN BANKRUPTCY PRO9 CEEDINGS.—Section 4980B(f)(2)(B)(i)(III) of the Inter10 nal Revenue Code of 1986 is amended by striking ‘‘or de11 pendent children of the covered employee’’ and inserting 

12 ‘‘, surviving domestic partner (described in subsection 

13 (g)(1)(A)(iii)), or dependent children of the covered em14 ployee or such surviving domestic partner’’. 

15 (d) QUALIFYING EVENT.—Section 4980B(f)(3)(C) of 

16 the Internal Revenue Code of 1986 is amended by insert17 ing before the period the following: ‘‘, or the covered em18 ployee’s domestic partner (described in subsection 

19 (g)(1)(A)(iii)) ceasing to be such covered employee’s do20 mestic partner under the terms of the group health plan’’. 

21 (e) NOTICE REQUIREMENTS.—Section 

22 4980B(f)(6)(A) of the Internal Revenue Code of 1986 is 

23 amended by striking ‘‘and spouse of the employee (if 

24 any)’’ and inserting ‘‘and, if any, such covered employee’s 

25 qualified beneficiaries who are age 19 or older’’. 


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1 SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT IN2 COME SECURITY ACT OF 1974. 

3 (a) QUALIFIED BENEFICIARY.—Section 607(3)(A) of 

4 the Employee Retirement Income Security Act of 1974 

5 (29 U.S.C. 1167(3)(A)) is amended— 

6 (1) in clause (i), by striking ‘‘or’’ at the end 

7 thereof; 

8 (2) in clause (ii), by striking the period and in9 serting a comma; and 

10 (3) by inserting after clause (ii), the following: 

11 ‘‘(iii) as the domestic partner of the 

12 employee, as such term is defined by the 

13 group health plan, or 

14 ‘‘(iv) as the dependent child of the do15 mestic partner (as defined in clause 

16 (iii)).’’. 

17 (b) SPECIAL RULE FOR RETIREES AND WIDOWS.— 

18 Section 607(3)(C) of the Employee Retirement Income Se19 curity Act of 1974 (29 U.S.C. 1167(3)(C)) is amended 

20 by striking clauses (i) through (iii) and inserting the fol21 lowing: 

22 ‘‘(i) as the spouse or domestic partner 

23 (described in paragraph (3)(A)(iii)) of the 

24 covered employee, 

25 ‘‘(ii) as the dependent child of the 

26 covered employee or the covered employee’s 


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1 domestic partner (described in clause (i)), 

2 or 

3 ‘‘(iii) as the surviving spouse or sur4 viving domestic partner (described in 

5 clause (i)) of the covered employee.’’. 

6 (c) SPECIAL RULE FOR CERTAIN BANKRUPTCY PRO7 CEEDINGS.—Section 602(2)(A)(iii) of the Employee Re8 tirement Income Security Act of 1974 (29 U.S.C. 

9 1162(2)(A)(iii)) is amended by striking ‘‘or dependent 

10 children of the covered employee’’ and inserting ‘‘, sur11 viving domestic partner (described in section 

12 607(3)(A)(iii)), or dependent children of the covered em13 ployee or such surviving domestic partner’’. 

14 (d) QUALIFYING EVENT.—Section 603(3) of the Em15 ployee Retirement Income Security Act of 1974 (29 

16 U.S.C. 1163) is amended by inserting before the period 

17 the following: ‘‘, or the covered employee’s domestic part18 ner (described in section 607(3)(A)(iii)) ceasing to be such 

19 covered employee’s domestic partner under the terms of 

20 the group health plan’’. 

21 (e) NOTICE REQUIREMENTS.—Section 606(a)(1) of 

22 the Employee Retirement Income Security Act of 1974 

23 (29 U.S.C. 1166(a)(1)) is amended by striking ‘‘and 

24 spouse of the employee (if any)’’ and inserting ‘‘and, if 


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1 any, such covered employee’s qualified beneficiaries who 

2 are age 19 or older’’. 

3 SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 

4 ACT. 

5 (a) QUALIFIED BENEFICIARY.—Section 2208(3)(A) 

6 of the Public Health Service Act (42 U.S.C. 300bb– 

7 8(3)(A)) is amended— 

8 (1) in clause (i), by striking ‘‘or’’ at the end 

9 thereof; 

10 (2) in clause (ii), by striking the period and in11 serting a comma; and 

12 (3) by inserting after clause (ii), the following: 

13 ‘‘(iii) as the domestic partner of the 

14 employee, as such term is defined by the 

15 group health plan, or 

16 ‘‘(iv) as the dependent child of the do17 mestic partner (as defined in clause 

18 (iii)).’’. 

19 (b) QUALIFYING EVENT.—Section 2203(3) of the 

20 Public Health Service Act (42 U.S.C. 300bb–3(3)) is 

21 amended by inserting before the period the following: ‘‘, 

22 or the covered employee’s domestic partner (described in 

23 section 2208(3)(A)(iii)) ceasing to be such covered em24 ployee’s domestic partner under the terms of the group 

25 health plan’’. 


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1 (c) NOTICE REQUIREMENTS.—Section 2206(1) of the 

2 Public Health Service Act (42 U.S.C. 300bb–6(1)) is 

3 amended by striking ‘‘and spouse of the employee (if 

4 any)’’ and inserting ‘‘and, if any, such covered employee’s 

5 qualified beneficiaries who are age 19 or older’’. 

6 SEC. 5. EFFECTIVE DATE. 

7 (a) IN GENERAL.—Except as provided in subsection 

8 (b), the amendments made by this Act shall apply with 

9 respect to plan years beginning after 180 days after the 

10 date of the enactment of this Act. 

11 (b) SPECIAL RULE FOR COLLECTIVE BARGAINING

12 AGREEMENTS.—In the case of a group health plan main13 tained pursuant to one or more collective bargaining 

14 agreements between employee representatives and one or 

15 more employers ratified before the date of the enactment 

16 of this Act, the amendments made by this Act shall not 

17 apply to plan years beginning before the earlier of— 

18 (1) the date on which the last of the collective 

19 bargaining agreements relating to the plan termi20 nates (determined without regard to any extension 

21 thereof agreed to after the date of the enactment of 

22 this Act); or 

23 (2) 3 years after the date of the enactment of 

24 this Act. 


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1 For purposes of paragraph (1), any plan amendment made 

2 pursuant to a collective bargaining agreement relating to 

3 the plan which amends the plan solely to conform to any 

4 requirement added by this Act shall not be treated as a 

5 termination of such collective bargaining agreement. 

Æ 


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