I 

111TH CONGRESS 

1ST SESSION H. R. 321 

To amend title XXI of the Social Security Act to expand coverage options 

under the State Children’s Health Insurance Program (SCHIP) through 

premium assistance. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Mr. FORTENBERRY (for himself, Mr. BURGESS, Mr. SESSIONS, Mr. TERRY, 

Mr. PRICE of Georgia, and Mr. SHADEGG) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committees on Ways and Means and Education and 

Labor, 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 amend title XXI of the Social Security Act to expand 

coverage options under the State Children’s Health Insurance Program (SCHIP) through premium assistance. 

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 ‘‘SCHIP Plus Act of 

5 2009’’. 


rwilkins on PROD1PC63 with BILLS
2 

•HR 321 IH

1 SEC. 2. EXPANDING COVERAGE OPTIONS IN SCHIP 

2 THROUGH PREMIUM ASSISTANCE. 

3 (a) REQUIRING OFFERING OF ALTERNATIVE COV4 ERAGE OPTIONS.—Section 2102 of the Social Security Act 

5 (42 U.S.C. 1397b) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (6), by striking ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (7), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 paragraph: 

13 ‘‘(8) effective for plan years beginning on or 

14 after October 1, 2010, how the plan will provide for 

15 child health assistance with respect to applicable tar16 geted low-income children through alternative cov17 erage options in accordance with subsection (d).’’; 

18 and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(d) ALTERNATIVE COVERAGE OPTIONS.— 

22 ‘‘(1) IN GENERAL.—Effective October 1, 2010, 

23 a State child health plan shall provide for the offer24 ing of any qualified alternative coverage that a 

25 qualified entity seeks to offer to applicable targeted 

26 low-income children through the plan in the State. 


rwilkins on PROD1PC63 with BILLS
3 

•HR 321 IH

1 ‘‘(2) APPLICATION OF UNIFORM FINANCIAL

2 LIMITATION FOR ALL ALTERNATIVE COVERAGE OP3 TIONS.—With respect to all qualified alternative cov4 erage offered in a State, the State child health plan 

5 shall establish a uniform dollar limitation on the per 

6 capita monthly amount that will be paid by the 

7 State to the qualified entity with respect to such 

8 coverage provided to a targeted low-income child. 

9 Such limitation may not be less than 90 percent of 

10 the per capita monthly payment made for coverage 

11 offered under the State child health plan that is not 

12 in the form of an alternative coverage option. Noth13 ing in this paragraph shall be construed— 

14 ‘‘(A) as requiring a State to provide for 

15 the full payment of premiums for qualified al16 ternative coverage; 

17 ‘‘(B) as preventing a State from charging 

18 additional premiums to cover the difference be19 tween the cost of qualified alternative coverage 

20 and the amount of such payment limitation; 

21 ‘‘(C) as preventing a State from using its 

22 own funds to provide a dollar limitation that ex23 ceeds the Federal financial participation as lim24 ited under section 2105(c)(8). 


rwilkins on PROD1PC63 with BILLS
4 

•HR 321 IH

1 ‘‘(3) QUALIFIED ALTERNATIVE COVERAGE DE2 FINED.—In this section, the term ‘qualified alter3 native coverage’ means health insurance coverage 

4 that— 

5 ‘‘(A) meets the coverage requirements of 

6 section 2103 (other than cost-sharing require7 ments of such section); and 

8 ‘‘(B) is offered by a qualified insurer, and 

9 not directly by the State. 

10 ‘‘(4) QUALIFIED INSURER DEFINED.—In this 

11 section, the term ‘qualified insurer’ means, with re12 spect to a State, an entity that is licensed to offer 

13 health insurance coverage in the State. 

14 ‘‘(5) APPLICABLE TARGETED LOW-INCOME

15 CHILDREN DEFINED.—In this title, the term ‘appli16 cable targeted low-income children’ means targeted 

17 low-income children with family income that does 

18 not exceed 200 percent of the poverty line applicable 

19 to family of the size involved.’’. 

20 (b) FEDERAL FINANCIAL PARTICIPATION FOR

21 QUALIFIED ALTERNATIVE COVERAGE.—Section 2105 of 

22 such Act (42 U.S.C. 1397d) is amended— 

23 (1) in subsection (a)(1)(C), by inserting before 

24 the semicolon at the end the following: ‘‘and, subject 

25 to paragraph (8)(C), in the form of payment of the 


rwilkins on PROD1PC63 with BILLS
5 

•HR 321 IH

1 premiums for coverage for qualified alternative cov2 erage’’; and 

3 (2) by adding at the end of subsection (c) the 

4 following new paragraph: 

5 ‘‘(8) PURCHASE OF QUALIFIED ALTERNATIVE

6 COVERAGE.— 

7 ‘‘(A) IN GENERAL.—Payment may be 

8 made to a State under subsection (a)(1)(C), 

9 subject to the provisions of this paragraph, for 

10 the purchase of qualified alternative coverage 

11 for applicable targeted low-income children. 

12 ‘‘(B) WAIVER OF CERTAIN PROVISIONS.— 

13 With respect to coverage described in subpara14 graph (A), no limitation on beneficiary cost15 sharing otherwise applicable under this title or 

16 title XIX shall apply. 

17 ‘‘(C) LIMITATION ON FFP.—The amount of 

18 the payment under paragraph (1)(C) for cov19 erage described in subparagraph (A) during a 

20 fiscal year in the aggregate for all such cov21 erage in the State may not exceed the product 

22 of— 

23 ‘‘(i) the national per capita expendi24 ture under this title (taking into account 

25 both Federal and State expenditures) for 


rwilkins on PROD1PC63 with BILLS
6 

•HR 321 IH

1 the previous fiscal year (as determined by 

2 the Secretary using the best available 

3 data); 

4 ‘‘(ii) the enhanced FMAP for the 

5 State and fiscal year involved; and 

6 ‘‘(iii) the number of targeted low-in7 come children for whom such coverage is 

8 provided. 

9 ‘‘(D) VOLUNTARY ENROLLMENT.—A State 

10 child health plan— 

11 ‘‘(i) may not require a targeted low12 income child to enroll in coverage described 

13 in subparagraph (A) in order to obtain 

14 child health assistance under this title; 

15 ‘‘(ii) before providing such child 

16 health assistance for such coverage of a 

17 child, shall make available (which may be 

18 through an Internet website or other 

19 means) to the parent or guardian of the 

20 child information on the coverage available 

21 under this title, including benefits and 

22 cost-sharing; and 

23 ‘‘(iii) shall— 

24 ‘‘(I) provide at least one oppor25 tunity per fiscal year for beneficiaries 


rwilkins on PROD1PC63 with BILLS
7 

•HR 321 IH

1 to switch coverage under this title 

2 from coverage described in subpara3 graph (A) to the coverage that is oth4 erwise made available under this title; 

5 and 

6 ‘‘(II) permit beneficiaries to 

7 switch such coverage under such other 

8 circumstances, such as the change in 

9 employment, birth of a child, or 

10 change in households, as the Sec11 retary specifies. 

12 ‘‘(E) INFORMATION ON COVERAGE OP13 TIONS.—A State child health plan shall— 

14 ‘‘(i) describe how the State will notify 

15 potential beneficiaries of coverage de16 scribed in subparagraph (A); 

17 ‘‘(ii) provide such notification in writ18 ing at least during the initial application 

19 for enrollment under this title and during 

20 redeterminations of eligibility if the indi21 vidual was enrolled before October 1, 2010; 

22 and 

23 ‘‘(iii) post a description of these cov24 erage options on any official website that 


rwilkins on PROD1PC63 with BILLS
8 

•HR 321 IH

1 may be established by the State in connec2 tion with the plan. 

3 ‘‘(F) RULE OF CONSTRUCTION.—Nothing 

4 in this section is to be construed to prohibit a 

5 State from— 

6 ‘‘(i) establishing limits on beneficiary 

7 cost-sharing under such alternative cov8 erage; 

9 ‘‘(ii) paying all or part of a bene10 ficiary’s cost-sharing requirements under 

11 such coverage; 

12 ‘‘(iii) paying less than the full cost of 

13 a child’s share of the premium under such 

14 coverage, insofar as the premium for such 

15 coverage exceeds the limitation established 

16 by the State under subparagraph (C); 

17 ‘‘(iv) using State funds to pay for 

18 benefits above the Federal upper limit es19 tablished under subparagraph (C); or 

20 ‘‘(v) providing any guidance or infor21 mation it deems appropriate in order to 

22 help beneficiaries make an informed deci23 sion regarding the option to enroll in cov24 erage described in subparagraph (A).’’. 


rwilkins on PROD1PC63 with BILLS
9 

•HR 321 IH

1 SEC. 3. EASING ADMINISTRATIVE BARRIERS TO STATE CO2 OPERATION WITH EMPLOYER-SPONSORED 

3 INSURANCE COVERAGE. 

4 (a) REQUIRING SOME COVERAGE FOR EMPLOYER5 SPONSORED INSURANCE.— 

6 (1) IN GENERAL.—Section 2102(a) of the So7 cial Security Act (42 U.S.C. 1397b(a)), as amended 

8 by section 2(a), is amended— 

9 (A) in paragraph (7), by striking ‘‘and’’ at 

10 the end; 

11 (B) in paragraph (8), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

13 (C) by adding at the end the following new 

14 paragraph: 

15 ‘‘(9) effective for plan years beginning on or 

16 after October 1, 2010, how the plan will provide for 

17 child health assistance with respect to targeted low18 income children covered under a group health 

19 plan.’’. 

20 (2) EFFECTIVE DATE.—The amendment made 

21 by paragraph (1) shall apply beginning with fiscal 

22 year 2011. 

23 (b) FEDERAL FINANCIAL PARTICIPATION FOR EM24 PLOYER-SPONSORED INSURANCE.—Section 2105 of such 

25 Act (42 U.S.C. 1397d) is amended— 


rwilkins on PROD1PC63 with BILLS
10 

•HR 321 IH

1 (1) in subsection (a)(1)(C), as amended by sec2 tion 3(b), by inserting before the semicolon at the 

3 end the following: ‘‘and, subject to paragraph 

4 (3)(C), in the form of payment of the premiums for 

5 coverage under a group health plan that includes 

6 coverage of targeted low-income children and bene7 fits supplemental to such coverage’’; and 

8 (2) paragraph (3) of subsection (c) is amended 

9 to read as follows: 

10 ‘‘(3) PURCHASE OF EMPLOYER-SPONSORED IN11 SURANCE.— 

12 ‘‘(A) IN GENERAL.—Payment may be 

13 made to a State under subsection (a)(1)(C), 

14 subject to the provisions of this paragraph, for 

15 the purchase of family coverage under a group 

16 health plan that includes coverage of targeted 

17 low-income children unless such coverage would 

18 otherwise substitute for coverage that would be 

19 provided to such children but for the purchase 

20 of family coverage. 

21 ‘‘(B) WAIVER OF CERTAIN PROVISIONS.— 

22 With respect to coverage described in subpara23 graph (A)— 

24 ‘‘(i) notwithstanding section 2102, no 

25 minimum benefits requirement (other than 


rwilkins on PROD1PC63 with BILLS
11 

•HR 321 IH

1 those otherwise applicable with respect to 

2 services referred to in section 2102(a)(7)) 

3 under this title shall apply; and 

4 ‘‘(ii) no limitation on beneficiary cost5 sharing otherwise applicable under this 

6 title or title XIX shall apply. 

7 ‘‘(C) REQUIRED PROVISION OF SUPPLE8 MENTAL BENEFITS.—If the coverage described 

9 in subparagraph (A) does not provide coverage 

10 for the services referred to in section 

11 2102(a)(7), the State child health plan shall 

12 provide coverage of such services as supple13 mental benefits. 

14 ‘‘(D) LIMITATION ON FFP.—The amount 

15 of the payment under paragraph (1)(C) for cov16 erage described in subparagraph (A) (and sup17 plemental benefits under subparagraph (C) for 

18 individuals so covered) during a fiscal year may 

19 not exceed the product of— 

20 ‘‘(i) the national per capita expendi21 ture under this title (taking into account 

22 both Federal and State expenditures) for 

23 the previous fiscal year (as determined by 

24 the Secretary using the best available 

25 data); 


rwilkins on PROD1PC63 with BILLS
12 

•HR 321 IH

1 ‘‘(ii) the enhanced FMAP for the 

2 State and fiscal year involved; and 

3 ‘‘(iii) the number of targeted low-in4 come children for whom such coverage is 

5 provided. 

6 ‘‘(E) VOLUNTARY ENROLLMENT.—A State 

7 child health plan— 

8 ‘‘(i) may not require a targeted low9 income child to enroll in coverage described 

10 in subparagraph (A) in order to obtain 

11 child health assistance under this title; 

12 ‘‘(ii) before providing such child 

13 health assistance for such coverage of a 

14 child, shall make available (which may be 

15 through an Internet website or other 

16 means) to the parent or guardian of the 

17 child information on the coverage available 

18 under this title, including benefits and 

19 cost-sharing; and 

20 ‘‘(iii) shall— 

21 ‘‘(I) provide at least one oppor22 tunity per fiscal year for beneficiaries 

23 to switch coverage under this title 

24 from coverage described in subpara25 graph (A) to the coverage that is othVerDate Nov 24 2008 21:58 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H321.IH H321

rwilkins on PROD1PC63 with BILLS
13 

•HR 321 IH

1 erwise made available under this title; 

2 and 

3 ‘‘(II) permit beneficiaries to 

4 switch such coverage under such other 

5 circumstances, such as the change in 

6 employment, birth of a child, or 

7 change in households, as the Sec8 retary specifies. 

9 ‘‘(F) INFORMATION ON COVERAGE OP10 TIONS.—A State child health plan shall— 

11 ‘‘(i) describe how the State will notify 

12 potential beneficiaries of coverage de13 scribed in subparagraph (A); 

14 ‘‘(ii) provide such notification in writ15 ing at least during the initial application 

16 for enrollment under this title and during 

17 redeterminations of eligibility if the indi18 vidual was enrolled before October 1, 2010; 

19 and 

20 ‘‘(iii) post a description of these cov21 erage options on any official website that 

22 may be established by the State in connec23 tion with the plan. 

24 ‘‘(G) SEMIANNUAL VERIFICATION OF COV25 ERAGE.—If coverage described in subparagraph 


rwilkins on PROD1PC63 with BILLS
14 

•HR 321 IH

1 (A) is provided under a group health plan with 

2 respect to a targeted low-income child, the 

3 State child health plan shall provide for the col4 lection, at least once every six months, of proof 

5 from the plan that the child is enrolled in such 

6 coverage. 

7 ‘‘(H) RULE OF CONSTRUCTION.—Nothing 

8 in this section is to be construed to prohibit a 

9 State from— 

10 ‘‘(i) offering wrap around benefits in 

11 order for a group health plan to meet any 

12 State-established minimum benefit require13 ments; 

14 ‘‘(ii) establishing a cost-effectiveness 

15 test to qualify for coverage under such a 

16 plan; 

17 ‘‘(iii) establishing limits on beneficiary 

18 cost-sharing under such a plan; 

19 ‘‘(iv) paying all or part of a bene20 ficiary’s cost-sharing requirements under 

21 such a plan; 

22 ‘‘(v) paying less than the full cost of 

23 the employee’s share of the premium under 

24 such a plan, including prorating the cost of 

25 the premium to pay for only what the 


rwilkins on PROD1PC63 with BILLS
15 

•HR 321 IH

1 State determines is the portion of the pre2 mium that covers targeted low-income chil3 dren; 

4 ‘‘(vi) using State funds to pay for 

5 benefits above the Federal upper limit es6 tablished under subparagraph (C); 

7 ‘‘(vii) allowing beneficiaries enrolled in 

8 group health plans from changing plans to 

9 another coverage option available under 

10 this title at any time; or 

11 ‘‘(viii) providing any guidance or in12 formation it deems appropriate in order to 

13 help beneficiaries make an informed deci14 sion regarding the option to enroll in cov15 erage described in subparagraph (A). 

16 ‘‘(I) GROUP HEALTH PLAN DEFINED.—In 

17 this paragraph, the term ‘group health plan’ 

18 has the meaning given such term in section 

19 2791(a)(1) of the Public Health Service Act (42 

20 U.S.C. 300gg–91(a)(1)).’’. 

21 SEC. 4. EMPLOYEE NOTIFICATION OF PREMIUM ASSIST22 ANCE OPPORTUNITIES. 

23 (a) AMENDMENT TO INTERNAL REVENUE CODE OF

24 1986.—Section 9801(f) of the Internal Revenue Code of 


rwilkins on PROD1PC63 with BILLS
16 

•HR 321 IH

1 1986 (relating to special enrollment periods) is amended 

2 by adding at the end the following new paragraph: 

3 ‘‘(3) OUTREACH TO EMPLOYEES REGARDING

4 AVAILABILITY OF SCHIP COVERAGE.— 

5 ‘‘(A) IN GENERAL.—Each employer that 

6 maintains a group health plan in a State that 

7 provides child health assistance under a State 

8 child health plan under title XXI of the Social 

9 Security Act, in the form of premium assistance 

10 for the purchase of coverage under a group 

11 health plan, shall provide to each employee a 

12 written notice informing the employee of poten13 tial opportunities then currently available in the 

14 State in which the employee resides for pre15 mium assistance under such plans for health 

16 coverage of the employee’s dependents. For pur17 poses of compliance with this clause, the em18 ployer may use any State-specific model notice 

19 developed in accordance with section 

20 701(f)(3)(B) of the Employee Retirement In21 come Security Act of 1974 (29 U.S.C. 

22 1181(f)(3)(B)). 

23 ‘‘(B) OPTION TO PROVIDE CONCURRENT

24 WITH PROVISION OF PLAN MATERIALS TO EM25 PLOYEE.—An employer may provide the model 


rwilkins on PROD1PC63 with BILLS
17 

•HR 321 IH

1 notice applicable to the State in which an em2 ployee resides concurrent with the furnishing of 

3 materials notifying the employee of health plan 

4 eligibility, concurrent with materials provided to 

5 the employee in connection with an open season 

6 or election process conducted under the plan, or 

7 concurrent with the furnishing of the summary 

8 plan description as provided in section 104(b) 

9 of the Employee Retirement Income Security 

10 Act of 1974 (29 U.S.C. 1024).’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) AMENDMENTS TO EMPLOYEE RETIREMENT

13 INCOME SECURITY ACT.— 

14 (A) IN GENERAL.—Section 701(f) of the 

15 Employee Retirement Income Security Act of 

16 1974 (29 U.S.C. 1181(f)) is amended by adding 

17 at the end the following new paragraph: 

18 ‘‘(3) OUTREACH TO EMPLOYEES REGARDING

19 AVAILABILITY OF SCHIP COVERAGE.— 

20 ‘‘(A) IN GENERAL.—Each employer that 

21 maintains a group health plan in a State that 

22 provides child health assistance under a State 

23 child health plan under title XXI of such Act, 

24 in the form of premium assistance for the pur25 chase of coverage under a group health plan, 


rwilkins on PROD1PC63 with BILLS
18 

•HR 321 IH

1 shall provide to each employee a written notice 

2 informing the employee of potential opportuni3 ties then currently available in the State in 

4 which the employee resides for premium assist5 ance under such plans for health coverage of 

6 the employee or the employee’s dependents. 

7 ‘‘(B) MODEL NOTICE.—Not later than 1 

8 year after the date of enactment of this para9 graph, the Secretary and the Secretary of 

10 Health and Human Services, in consultation 

11 with Directors of State SCHIP agencies under 

12 title XXI of such Act, shall jointly develop na13 tional and State-specific model notices for pur14 poses of subparagraph (A). The Secretary shall 

15 provide employers with such model notices so as 

16 to enable employers to timely comply with the 

17 requirements of subparagraph (A). Such model 

18 notices shall include information regarding how 

19 an employee may contact the State in which the 

20 employee resides for additional information re21 garding potential opportunities for such pre22 mium assistance, including how to apply for 

23 such assistance. 

24 ‘‘(C) OPTION TO PROVIDE CONCURRENT

25 WITH PROVISION OF PLAN MATERIALS TO EMVerDate Nov 24 2008 21:58 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H321.IH H321

rwilkins on PROD1PC63 with BILLS
19 

•HR 321 IH

1 PLOYEE.—An employer may provide the model 

2 notice applicable to the State in which an em3 ployee resides concurrent with the furnishing of 

4 materials notifying the employee of health plan 

5 eligibility, concurrent with materials provided to 

6 the employee in connection with an open season 

7 or election process conducted under the plan, or 

8 concurrent with the furnishing of the summary 

9 plan description as provided in section 104(b).’’. 

10 (B) CONFORMING AMENDMENT.—Section 

11 102(b) of the Employee Retirement Income Se12 curity Act of 1974 (29 U.S.C. 1022(b)) is 

13 amended— 

14 (i) by striking ‘‘and the remedies’’ 

15 and inserting ‘‘, the remedies’’; and 

16 (ii) by inserting before the period the 

17 following: ‘‘, and if the employer so elects 

18 for purposes of complying with section 

19 701(f)(3)(B)(i), the model notice applicable 

20 to the State in which the participants and 

21 beneficiaries reside’’. 

22 (C) EFFECTIVE DATES.—The Secretary of 

23 Labor and the Secretary of Health and Human 

24 Services shall develop the initial model notices 

25 under section 701(f)(3)(B) of the Employee ReVerDate Nov 24 2008 21:58 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H321.IH H321

rwilkins on PROD1PC63 with BILLS
20 

•HR 321 IH

1 tirement Income Security Act of 1974, and the 

2 Secretary of Labor shall provide such notices to 

3 employers, not later than the date that is 1 

4 year after the date of enactment of this Act, 

5 and each employer shall provide the initial an6 nual notices to such employer’s employees be7 ginning with the first plan year that begins 

8 after the date on which such initial model no9 tices are first issued. 

10 (2) AMENDMENTS TO PUBLIC HEALTH SERVICE

11 ACT.—Section 2701(f) of the Public Health Service 

12 Act (42 U.S.C. 300gg(f)) is amended by adding at 

13 the end the following new paragraph: 

14 ‘‘(3) OUTREACH TO EMPLOYEES REGARDING

15 AVAILABILITY OF SCHIP COVERAGE.— 

16 ‘‘(A) IN GENERAL.—Each employer that 

17 maintains a group health plan in a State that 

18 provides child health assistance under a State 

19 child health plan under title XXI of such Act, 

20 in the form of premium assistance for the pur21 chase of coverage under a group health plan, 

22 shall provide to each employee a written notice 

23 informing the employee of potential opportuni24 ties then currently available in the State in 

25 which the employee resides for premium assistVerDate Nov 24 2008 21:58 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H321.IH H321

rwilkins on PROD1PC63 with BILLS
21 

•HR 321 IH

1 ance under such plans for health coverage of 

2 the employee or the employee’s dependents. For 

3 purposes of compliance with this subclause, the 

4 employer may use any State-specific model no5 tice developed in accordance with section 

6 701(f)(3)(B) of the Employee Retirement In7 come Security Act of 1974 (29 U.S.C. 

8 1181(f)(3)(B)). 

9 ‘‘(B) OPTION TO PROVIDE CONCURRENT

10 WITH PROVISION OF PLAN MATERIALS TO EM11 PLOYEE.—An employer may provide the model 

12 notice applicable to the State in which an em13 ployee resides concurrent with the furnishing of 

14 materials notifying the employee of health plan 

15 eligibility, concurrent with materials provided to 

16 the employee in connection with an open season 

17 or election process conducted under the plan, or 

18 concurrent with the furnishing of the summary 

19 plan description as provided in section 104(b) 

20 of the Employee Retirement Income Security 

21 Act of 1974.’’. 

Æ 


rwilkins on PROD1PC63 with BILLS