II 

112TH CONGRESS 

1ST SESSION S. 563 

To provide for equal access to COBRA continuation coverage. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2011 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 COBRA Act of 2011’’. 

6 SEC. 2. AMENDMENTS TO THE INTERNAL REVENUE CODE 

7 OF 1986. 

8 (a) QUALIFIED BENEFICIARY.—Section 

9 4980B(g)(1)(A) of the Internal Revenue Code of 1986 is 

10 amended— 

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

12 thereof; 


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1 (2) in clause (ii), by striking the period and in2 serting a comma; and 

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

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

5 employee, as such term is defined by the 

6 group health plan, or 

7 ‘‘(iv) as the dependent child of the do8 mestic partner (as defined in clause 

9 (iii)).’’. 

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

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

12 1986 is amended by striking clauses (i) through (iii), and 

13 inserting the following: 

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

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

16 covered employee, 

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

18 covered employee or the covered employee’s 

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

20 or 

21 ‘‘(iii) as the surviving spouse or sur22 viving domestic partner (described in 

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

24 (c) SPECIAL RULE FOR CERTAIN BANKRUPTCY PRO25 CEEDINGS.—Section 4980B(f)(2)(B)(i)(III) of the InterVerDate Mar 15 2010 22:07 Mar 11, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S563.IS S563

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1 nal Revenue Code of 1986 is amended by striking ‘‘or de2 pendent children of the covered employee’’ and inserting 

3 ‘‘, surviving domestic partner (described in subsection 

4 (g)(1)(A)(iii)), or dependent children of the covered em5 ployee or such surviving domestic partner’’. 

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

7 the Internal Revenue Code of 1986 is amended by insert8 ing before the period the following: ‘‘, or the covered em9 ployee’s domestic partner (described in subsection 

10 (g)(1)(A)(iii)) ceasing to be such covered employee’s do11 mestic partner under the terms of the group health plan’’. 

12 (e) NOTICE REQUIREMENTS.—Section 

13 4980B(f)(6)(A) of the Internal Revenue Code of 1986 is 

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

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

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

17 SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT IN18 COME SECURITY ACT OF 1974. 

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

20 the Employee Retirement Income Security Act of 1974 

21 (29 U.S.C. 1167(3)(A)) is amended— 

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

23 thereof; 

24 (2) in clause (ii), by striking the period and in25 serting a comma; and 


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

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

3 employee, as such term is defined by the 

4 group health plan, or 

5 ‘‘(iv) as the dependent child of the do6 mestic partner (as defined in clause 

7 (iii)).’’. 

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

9 Section 607(3)(C) of the Employee Retirement Income Se10 curity Act of 1974 (29 U.S.C. 1167(3)(C)) is amended 

11 by striking clauses (i) through (iii) and inserting the fol12 lowing: 

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

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

15 covered employee, 

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

17 covered employee or the covered employee’s 

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

19 or 

20 ‘‘(iii) as the surviving spouse or sur21 viving domestic partner (described in 

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

23 (c) SPECIAL RULE FOR CERTAIN BANKRUPTCY PRO24 CEEDINGS.—Section 602(2)(A)(iii) of the Employee Re25 tirement Income Security Act of 1974 (29 U.S.C. 


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1 1162(2)(A)(iii)) is amended by striking ‘‘or dependent 

2 children of the covered employee’’ and inserting ‘‘, sur3 viving domestic partner (described in section 

4 607(3)(A)(iii)), or dependent children of the covered em5 ployee or such surviving domestic partner’’. 

6 (d) QUALIFYING EVENT.—Section 603(3) of the Em7 ployee Retirement Income Security Act of 1974 (29 

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

9 the following: ‘‘, or the covered employee’s domestic part10 ner (described in section 607(3)(A)(iii)) ceasing to be such 

11 covered employee’s domestic partner under the terms of 

12 the group health plan’’. 

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

14 the Employee Retirement Income Security Act of 1974 

15 (29 U.S.C. 1166(a)(1)) is amended by striking ‘‘and 

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

17 any, such covered employee’s qualified beneficiaries who 

18 are age 19 or older’’. 

19 SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 

20 ACT. 

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

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

23 8(3)(A)) is amended— 

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

25 thereof; 


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1 (2) in clause (ii), by striking the period and in2 serting a comma; and 

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

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

5 employee, as such term is defined by the 

6 group health plan, or 

7 ‘‘(iv) as the dependent child of the do8 mestic partner (as defined in clause 

9 (iii)).’’. 

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

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

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

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

14 section 2208(3)(A)(iii)) ceasing to be such covered em15 ployee’s domestic partner under the terms of the group 

16 health plan’’. 

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

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

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

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

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

22 SEC. 5. EFFECTIVE DATE. 

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

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


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1 respect to plan years beginning after 180 days after the 

2 date of the enactment of this Act. 

3 (b) SPECIAL RULE FOR COLLECTIVE BARGAINING

4 AGREEMENTS.—In the case of a group health plan main5 tained pursuant to one or more collective bargaining 

6 agreements between employee representatives and one or 

7 more employers ratified before the date of the enactment 

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

9 apply to plan years beginning before the earlier of— 

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

11 bargaining agreements relating to the plan termi12 nates (determined without regard to any extension 

13 thereof agreed to after the date of the enactment of 

14 this Act); or 

15 (2) 3 years after the date of the enactment of 

16 this Act. 

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

18 pursuant to a collective bargaining agreement relating to 

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

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

21 termination of such collective bargaining agreement. 

Æ 


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