I 

113TH CONGRESS 

1ST SESSION H. R. 675 

To extend protections to part-time workers in the areas of employer-provided 

health insurance, family and medical leave, and pension plans. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2013 

Ms. SCHAKOWSKY introduced the following bill; which was referred to the 

Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, House Administration, and Oversight and 

Government Reform, 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 extend protections to part-time workers in the areas 

of employer-provided health insurance, family and medical leave, and pension plans. 

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 ‘‘Part-Time Worker Bill 

5 of Rights Act of 2013’’. 


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1 SEC. 2. EXTENSION OF EMPLOYER HEALTH INSURANCE 

2 COVERAGE MANDATE TO PART-TIME EM3 PLOYEES. 

4 (a) LARGE EMPLOYERS NOT OFFERING HEALTH

5 COVERAGE.— 

6 (1) IN GENERAL.—Subsection (a) of section 

7 4980H of the Internal Revenue Code of 1986 is 

8 amended— 

9 (A) by striking ‘‘full-time employees’’ in 

10 paragraph (1) and inserting ‘‘employees’’, 

11 (B) by striking ‘‘full-time employee’’ in 

12 paragraph (2) and inserting ‘‘employee’’, and 

13 (C) by striking ‘‘hereby imposed on the 

14 employer’’ and all that follows and inserting 

15 ‘‘hereby imposed on the employer, with respect 

16 to each employee employed by the employer 

17 during such month, an assessable payment 

18 equal to the applicable payment amount with 

19 respect to such employee.’’. 

20 (2) PRORATION OF APPLICABLE PAYMENT

21 AMOUNT FOR PART-TIME EMPLOYEES.—Paragraph 

22 (1) of section 4980H(c) of such Code is amended to 

23 read as follows: 

24 ‘‘(1) APPLICABLE PAYMENT AMOUNT.—The 

25 term ‘applicable payment amount’ means, with re26 spect to any employee for any month— 


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1 ‘‘(A) in the case of a full-time employee, 

1 2 ⁄12 of $2,000, and 

3 ‘‘(B) in the case of any other employee, the 

4 amount which bears the same ratio to the 

5 amount determined under subparagraph (A) 

6 as— 

7 ‘‘(i) the average hours of service per 

8 week of such employee for such month, 

9 bears to 

10 ‘‘(ii) 30.’’. 

11 (b) LARGE EMPLOYERS OFFERING COVERAGE WITH

12 EMPLOYEES WHO QUALIFY FOR PREMIUM TAX CREDITS

13 OR COST-SHARING REDUCTIONS.— 

14 (1) IN GENERAL.—Paragraph (1) of section 

15 4980H(b) of such Code is amended— 

16 (A) by striking ‘‘full-time employees’’ each 

17 place it appears in subparagraphs (A) and (B) 

18 and inserting ‘‘employees’’, and 

19 (B) by striking ‘‘hereby imposed on the 

20 employer’’ and all that follows and inserting 

21 ‘‘hereby imposed on the employer, with respect 

22 to each employee described in subparagraph (B) 

23 for such month, an assessable payment equal to 

1 24 ⁄12 of $3,000.’’. 


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1 (2) PRORATION FOR PART-TIME EMPLOYEES.— 

2 Subsection (b) of section 4980H of such Code is 

3 amended by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) PRORATION FOR PART-TIME EMPLOY6 EES.—In the case of any employee other than a full7 time employee, paragraph (1) shall be applied by 

8 substituting for ‘$3,000’ the dollar amount which 

9 bears the same ratio to $3,000 as— 

10 ‘‘(A) the average hours of service per week 

11 of such employee for the month with respect to 

12 which such paragraph applies, bears to 

13 ‘‘(B) 30.’’. 

14 (3) APPLICATION OF OVERALL LIMITATION.— 

15 Paragraph (2) of section 4980H(b) of such Code is 

16 amended to read as follows: 

17 ‘‘(2) OVERALL LIMITATION.—The aggregate 

18 amount of tax determined under paragraph (1) with 

19 respect to any applicable large employer for any 

20 month shall not exceed the aggregate amount of tax 

21 which would have been determined under subsection 

22 (a) with respect to such employer for such month if 

23 such employer were described in subsection (a)(1).’’. 

24 (c) APPLICATION OF HOURS OF SERVICE RULES.— 

25 Subparagraph (B) of section 4980H(c)(4) of such Code 


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1 is amended by striking ‘‘for the application of this para2 graph to’’ and inserting ‘‘with respect to’’. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to months beginning after Decem5 ber 31, 2013. 

6 SEC. 3. ELIMINATION OF HOURS OF SERVICE REQUIRE7 MENT FOR FMLA LEAVE. 

8 (a) AMENDMENT.—Section 101(2)(A) of the Family 

9 and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(A)) 

10 is amended to read as follows: 

11 ‘‘(A) IN GENERAL.—The term ‘eligible em12 ployee’ means an employee who has been em13 ployed, either as a full-time or part-time em14 ployee, for at least 12 months by the employer 

15 with respect to whom leave is requested under 

16 section 102.’’. 

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

18 subsection (a) shall take effect beginning on the date that 

19 is one year after the date of enactment of this Act. 

20 SEC. 4. TREATMENT OF EMPLOYEES WORKING AT LESS 

21 THAN FULL-TIME UNDER PARTICIPATION, 

22 VESTING, AND ACCRUAL RULES GOVERNING 

23 PENSION PLANS. 

24 (a) PARTICIPATION RULES.— 


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1 (1) IN GENERAL.—Section 202(a)(3) of the 

2 Employee Retirement Income Security Act of 1974 

3 (29 U.S.C. 1052(a)(3)) is amended by adding at the 

4 end the following new subparagraph: 

5 ‘‘(E)(i) For purposes of this paragraph, in the case 

6 of any employee who, as of the beginning of the 12-month 

7 period referred to in subparagraph (A)— 

8 ‘‘(I) has customarily completed 500 or more 

9 hours of service per year but less than 1,000 hours 

10 of service per year, or 

11 ‘‘(II) is employed in a type of position in which 

12 employment customarily constitutes 500 or more 

13 hours of service per year but less than 1,000 hours 

14 of service per year, 

15 completion of 500 hours of service within such period shall 

16 be treated as completion of 1,000 hours of service. 

17 ‘‘(ii) For purposes of this subparagraph, the extent 

18 to which employment in any type of position customarily 

19 constitutes less than 1,000 hours of service per year shall 

20 be determined with respect to each pension plan in accord21 ance with such regulations as the Secretary may prescribe 

22 providing for consideration of facts and circumstances pe23 culiar to the work-force constituting the participants in 

24 such plan.’’. 


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1 (2) CONFORMING AMENDMENT.—Section 

2 204(b)(1)(E) of such Act (29 U.S.C. 1054(b)(1)(E)) 

3 is amended by striking ‘‘section 202(a)(3)(A)’’ and 

4 inserting ‘‘subparagraphs (A) and (E) of section 

5 202(a)(3)’’. 

6 (b) VESTING RULES.— 

7 (1) IN GENERAL.—Section 203(b)(2) of such 

8 Act (29 U.S.C. 1053(b)(2)) is amended by adding at 

9 the end the following new subparagraph: 

10 ‘‘(E)(i) For purposes of this paragraph, in the case 

11 of any employee who, as of the beginning of the period 

12 designated by the plan pursuant to subparagraph (A)— 

13 ‘‘(I) has customarily completed 500 or more 

14 hours of service per year but less than 1,000 hours 

15 of service per year, or 

16 ‘‘(II) is employed in a type of position in which 

17 employment customarily constitutes 500 or more 

18 hours of service per year but less than 1,000 hours 

19 of service per year, 

20 completion of 500 hours of service within such period shall 

21 be treated as completion of 1,000 hours of service. 

22 ‘‘(ii) For purposes of this subparagraph, the extent 

23 to which employment in any type of position customarily 

24 constitutes less than 1,000 hours of service per year shall 

25 be determined with respect to each pension plan in accordVerDate Mar 15 2010 03:55 Feb 22, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H675.IH H675

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1 ance with such regulations as the Secretary may prescribe 

2 providing for consideration of facts and circumstances pe3 culiar to the work-force constituting the participants in 

4 such plan.’’. 

5 (2) 1-YEAR BREAKS IN SERVICE.—Section 

6 203(b)(3) of such Act (29 U.S.C. 1053(b)(3)) is 

7 amended by adding at the end the following new 

8 subparagraph: 

9 ‘‘(F)(i) For purposes of this paragraph, in the case 

10 of any employee who, as of the beginning of the period 

11 designated by the plan pursuant to subparagraph (A)— 

12 ‘‘(I) has customarily completed 500 or more 

13 hours of service per year but less than 1,000 hours 

14 of service per year, or 

15 ‘‘(II) is employed in a type of position in which 

16 employment customarily constitutes 500 or more 

17 hours of service per year but less than 1,000 hours 

18 of service per year, 

19 completion of 250 hours of service within such period shall 

20 be treated as completion of 500 hours of service. 

21 ‘‘(ii) For purposes of this subparagraph, the extent 

22 to which employment in any type of position customarily 

23 constitutes less than 1,000 hours of service per year shall 

24 be determined with respect to each pension plan in accord25 ance with such regulations as the Secretary may prescribe 


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1 providing for consideration of facts and circumstances pe2 culiar to the work-force constituting the participants in 

3 such plan.’’. 

4 (c) ACCRUAL RULES.—Section 204(b)(4)(C) of such 

5 Act (29 U.S.C. 1054(b)(4)(C)) is amended— 

6 (1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and 

7 (2) by adding at the end the following new 

8 clauses: 

9 ‘‘(ii) For purposes of this subparagraph, in the case 

10 of any employee who, as of the beginning of the period 

11 designated by the plan pursuant to clause (i)— 

12 ‘‘(I) has customarily completed 500 or more 

13 hours of service per year but less than 1,000 hours 

14 of service per year, or 

15 ‘‘(II) is employed in a type of position in which 

16 employment customarily constitutes 500 or more 

17 hours of service per year but less than 1,000 hours 

18 of service per year, 

19 completion of 500 hours of service within such period shall 

20 be treated as completion of 1,000 hours of service. 

21 ‘‘(iii) For purposes of clause (ii), the extent to which 

22 employment in any type of position customarily constitutes 

23 less than 1,000 hours of service per year shall be deter24 mined with respect to each pension plan in accordance 

25 with such regulations as the Secretary may prescribe proVerDate Mar 15 2010 03:55 Feb 22, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H675.IH H675

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1 viding for consideration of facts and circumstances pecu2 liar to the work-force constituting the participants in such 

3 plan.’’. 

4 (d) EFFECTIVE DATES.— 

5 (1) IN GENERAL.—Except as provided in sub6 section (b), the amendments made by this section 

7 shall apply with respect to plan years beginning on 

8 or after the date that is one year after the date of 

9 the enactment of this Act. 

10 (2) SPECIAL RULE FOR COLLECTIVELY BAR11 GAINED PLANS.—In the case of a plan maintained 

12 pursuant to 1 or more collective bargaining agree13 ments between employee representatives and 1 or 

14 more employers ratified on or before the date of the 

15 enactment of this Act, the amendments made by this 

16 section shall not apply to plan years beginning be17 fore the later of— 

18 (A) the earlier of— 

19 (i) the date on which the last of the 

20 collective bargaining agreements relating to 

21 the plan terminates (determined without 

22 regard to any extension thereof agreed to 

23 after the date of the enactment of this 

24 Act); or 


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1 (ii) the date that is 3 years after the 

2 date of the enactment of this Act; or 

3 (B) the date that is 1 year after the date 

4 of the enactment of this Act. 

5 For purposes of subparagraph (A), any plan amend6 ment made pursuant to a collective bargaining 

7 agreement relating to the plan which amends the 

8 plan solely to conform to any requirement added by 

9 this section shall not be treated as a termination of 

10 such collective bargaining agreement. 

Æ 


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