II 

111TH CONGRESS 

2D SESSION S. 3182 

To provide for equal access to COBRA continuation coverage. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2010 

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 2010’’. 

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 in the matter preceding clause (i) by inserting 

11 ‘‘including, but not limited to’’ after ‘‘under the plan’’. 


tjames on DSK5CLS3C1PROD with BILLS
2 

•S 3182 IS

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

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

3 1986 is amended in the matter preceding clause (i) by in4 serting ‘‘including, but not limited to’’ after ‘‘under the 

5 plan’’. 

6 (c) SPECIAL RULE FOR CERTAIN BANKRUPTCY PRO7 CEEDINGS.—Section 4980B(f)(2)(B)(i)(III) of the Inter8 nal Revenue Code of 1986 is amended— 

9 (1) by striking ‘‘proceedings),’’ and inserting 

10 ‘‘proceedings):’’; and 

11 (2) by striking ‘‘or qualified beneficiary (de12 scribed in subsection (g)(1)(D)(iii)), or in the case 

13 of the surviving spouse or dependent children of the 

14 covered employee’’ and inserting ‘‘, qualified bene15 ficiary (described in subsection (g)(1)(D)(iii)), or 

16 surviving domestic partner as determined under the 

17 plan; or in the case of a qualified beneficiary de18 scribed in subsection (g)(1)(D)’’. 

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

20 the Internal Revenue Code of 1986 is amended by insert21 ing after subparagraph (F) the following: 

22 ‘‘(G) The qualified beneficiary ceases to be 

23 the covered employee’s domestic partner as de24 termined under the plan.’’. 


tjames on DSK5CLS3C1PROD with BILLS
3 

•S 3182 IS

1 (e) NOTICE REQUIREMENTS.—Section 

2 4980B(f)(6)(A) of the Internal Revenue Code of 1986 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. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT IN7 COME SECURITY ACT OF 1974. 

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

9 the Employee Retirement Income Security Act of 1974 

10 (29 U.S.C. 1167(3)(A)) is amended in the matter pre11 ceding clause (i) by inserting ‘‘including, but not limited 

12 to’’ after ‘‘under the plan’’. 

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

14 Section 607(3)(C) of the Employee Retirement Income Se15 curity Act of 1974 (29 U.S.C. 1167(3)(C)) is amended 

16 in the matter preceding clause (i) by inserting ‘‘including, 

17 but not limited to’’ after ‘‘under the plan’’. 

18 (c) SPECIAL RULE FOR CERTAIN BANKRUPTCY PRO19 CEEDINGS.—Section 602(2)(A)(iii) of the Employee Re20 tirement Income Security Act of 1974 (29 U.S.C. 

21 1162(2)(A)(iii)) is amended— 

22 (1) by striking ‘‘proceedings),’’ and inserting 

23 ‘‘proceedings):’’; and 

24 (2) by striking ‘‘or qualified beneficiary (de25 scribed in section 607(3)(C)(iii)), or in the case of 


tjames on DSK5CLS3C1PROD with BILLS
4 

•S 3182 IS

1 the surviving spouse or dependent children of the 

2 covered employee’’ and inserting ‘‘, qualified bene3 ficiary (described in section 607(3)(C)(iii)), or sur4 viving domestic partner as determined under the 

5 plan; or in the case of a qualified beneficiary de6 scribed in section 607(3)(C)’’. 

7 (d) QUALIFYING EVENT.—Section 603 of the Em8 ployee Retirement Income Security Act of 1974 (29 

9 U.S.C. 1163) is amended by inserting after paragraph (6) 

10 the following: 

11 ‘‘(7) The qualified beneficiary ceases to be the 

12 covered employee’s domestic partner as determined 

13 under the plan.’’. 

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

15 the Employee Retirement Income Security Act of 1974 

16 (29 U.S.C. 1166(a)(1)) is amended by striking ‘‘and 

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

18 any, such covered employee’s qualified beneficiaries who 

19 are age 19 or older’’. 

20 SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 

21 ACT. 

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

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

24 8(3)(A)) is amended in the matter preceding clause (i) by 


tjames on DSK5CLS3C1PROD with BILLS
5 

•S 3182 IS

1 inserting ‘‘including, but not limited to’’ after ‘‘under the 

2 plan’’. 

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

4 Health Service Act (42 U.S.C. 300bb–3) is amended by 

5 inserting after paragraph (6) the following: 

6 ‘‘(7) The qualified beneficiary ceases to be the 

7 covered employee’s domestic partner as determined 

8 under the plan.’’. 

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

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

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

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

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

Æ 


tjames on DSK5CLS3C1PROD with BILLS