I
103D CONGRESS
1ST SESSION
H. R. 2188
To allow certain individuals seeking part-time employment to be eligible to
receive unemployment compensation, to require the Secretary of Labor
to establish and carry out an annual survey relating to temporary work-
ers, and to protect part-time and temporary workers relating to pension
and group health plans.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1993
Mrs. SCHROEDER introduced the following bill; which was referred jointly to
the Committees on Ways and Means and Education and Labor.
A BILL
To allow certain individuals seeking part-time employment
to be eligible to receive unemployment compensation, to
require the Secretary of Labor to establish and carry
out an annual survey relating to temporary workers,
and to protect part-time and temporary workers relating
to pension and group health plans.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Part-Time and Tem-
porary Workers Protection Act of 1993’’.
SEC. 2. ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION
OF CERTAIN INDIVIDUALS SEEKING PART-
TIME EMPLOYMENT.
(a) GENERAL RULE.—Subsection (a) of section 3304
of the Internal Revenue Code of 1986 (relating to require-
ments for approval of State unemployment compensation
laws) is amended by striking ‘‘and’’ at the end of para-
graph (17), by redesignating paragraph (18) as paragraph
(19), and by inserting after paragraph (17) the following
new paragraph:
‘‘(18) in applying the State law provisions relat-
ing to availability for work, active search for work,
or refusal to accept work, the term ‘suitable work’
shall not include any work where the individual
would normally perform services for more hours per
week than the number of hours per week for which
the individual normally performed services in the in-
dividual’s last job in the base period, and’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 3. ANNUAL BUREAU OF LABOR STATISTICS SURVEY
RELATING TO TEMPORARY WORKERS.
The Secretary of Labor, acting through the Commis-
sioner of the Bureau of Labor Statistics, shall establish
and carry out an annual survey identifying—
(1) the characteristics of temporary workers in
the United States;
(2) the relationship between such workers and
the establishments at which such workers are tempo-
rarily employed; and
(3) where appropriate, the relationship between
such workers and their permanent employers.
SEC. 4. PROTECTION OF PART-TIME AND TEMPORARY
WORKERS.
(a) TREATMENT OF EMPLOYEES WORKING AT LESS
THAN FULL-TIME UNDER PARTICIPATION, VESTING, AND
ACCRUAL RULES GOVERNING PENSION PLANS.—
(1) PARTICIPATION RULES.—
(A) IN
GENERAL.—Section 202(a)(3) of
the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1052(a)(3)) is amended by
adding at the end the following new subpara-
graph:
‘‘(E)(i) For purposes of this paragraph, in the case
of any employee who, as of the beginning of the 12-month
period referred to in subparagraph (A)—
‘‘(I) has customarily completed 500 or more
hours of service per year but less than 1,000 hours
of service per year, or
‘‘(II) is employed in a type of position in which
employment customarily constitutes 500 or more
hours of service per year but less than 1,000 hours
of service per year,
completion of 500 hours of service within such 12-month
period shall be treated as completion of 1,000 hours of
service.
‘‘(ii) For purposes of this subparagraph, the extent
to which employment in any type of position customarily
constitutes less than 1,000 hours of service per year shall
be determined with respect to each pension plan in accord-
ance with such regulations as the Secretary may prescribe
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in
such plan.’’.
(B) CONFORMING
AMENDMENT.—Section
204(b)(1)(E) 
of 
such 
Act 
(29 
U.S.C.
1054(b)(1)(E)) is amended by striking ‘‘section
202(a)(3)(A)’’ and inserting ‘‘subparagraphs
(A) and (E) of section 202(a)(3)’’.
(2) VESTING RULES.—
(A) IN
GENERAL.—Section 203(b)(2) of
such Act (29 U.S.C. 1053(b)(2)) is amended by
adding at the end the following new subpara-
graph:
‘‘(E)(i) For purposes of this paragraph, in the case
of any employee who, as of the beginning of the period
designated by the plan pursuant to subparagraph (A)—
‘‘(I) has customarily completed 500 or more
hours of service per year but less than 1,000 hours
of service per year, or
‘‘(II) is employed in a type of position in which
employment customarily constitutes 500 or more
hours of service per year but less than 1,000 hours
of service per year,
completion of 500 hours of service within such period shall
be treated as completion of 1,000 hours of service.
‘‘(ii) For purposes of this subparagraph, the extent
to which employment in any type of position customarily
constitutes less than 1,000 hours of service per year shall
be determined with respect to each pension plan in accord-
ance with such regulations as the Secretary may prescribe
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in
such plan.’’.
(B) 1-YEAR BREAKS IN SERVICE.—Section
203(b)(3) of such Act (29 U.S.C. 1053(b)(3))
is amended by adding at the end the following
new subparagraph:
‘‘(F)(i) For purposes of this paragraph, in the case
of any employee who, as of the beginning of the period
designated by the plan pursuant to subparagraph (A)—
‘‘(I) has customarily completed 500 or more
hours of service per year but less than 1,000 hours
of service per year, or
‘‘(II) is employed in a type of position in which
employment customarily constitutes 500 or more
hours of service per year but less than 1,000 hours
of service per year,
completion of 250 hours of service within such period shall
be treated as completion of 500 hours of service.
‘‘(ii) For purposes of this subparagraph, the extent
to which employment in any type of position customarily
constitutes less than 1,000 hours of service per year shall
be determined with respect to each pension plan in accord-
ance with such regulations as the Secretary may prescribe
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in
such plan.’’.
(3) ACCRUAL RULES.—Section 204(b)(4)(C) of
such Act (29 U.S.C. 1054(b)(4)(C)) is amended—
(A) by inserting ‘‘(i)’’ after ‘‘(C)’’; and
(B) by adding at the end the following new
clauses:
tion customarily constitutes less than 30 hours of
service per week shall be determined with respect to
each group health plan in accordance with such reg-
ulations as the Secretary may prescribe providing
for consideration of facts and circumstances peculiar
to the work-force constituting the participants in
such plan.
‘‘(c) AMOUNT OF PERMISSIBLE REDUCTION.—The
employer-provided premium under a group health plan
with respect to any employee for any period of coverage,
after the reduction permitted under subsection (a), shall
not be less than a ratable portion of the employer-provided
premium which would be provided under such plan for
such period of coverage with respect to an employee who
completes 30 hours of service per week.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) GROUP HEALTH PLAN.—The term ‘group
health plan’ has the meaning provided such term in
section 607(1).
‘‘(2) EMPLOYER-PROVIDED PREMIUM.—
‘‘(A) IN GENERAL.—The term ‘employer-
provided premium’ under a plan for any period
of coverage means the portion of the applicable
premium under the plan for such period of cov-
erage which is attributable under the plan to
employer contributions.
‘‘(B) APPLICABLE
PREMIUM.—For pur-
poses of subparagraph (A), in determining the
applicable premium of a group health plan,
principles similar to the principles applicable
under section 604 shall apply.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 201(1) of such Act (29 U.S.C.
1051(1)) is amended by inserting ‘‘, except with
respect to section 211’’ before the semicolon.
(B) The table of contents in section 1 of
such Act is amended by striking the item relat-
ing to section 211 and inserting the following
new items:
‘‘Sec. 211. Treatment of part-time workers under group health plans.
‘‘Sec. 212. Effective date.’’.
(c) EXPANSION OF DEFINITION OF EMPLOYEE TO
INCLUDE CERTAIN INDIVIDUALS WHOSE SERVICES ARE
LEASED OR CONTRACTED FOR.—Paragraph (6) of section
3 of such Act (29 U.S.C. 1002(6)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) Such term includes, with respect to any em-
ployer, any person who is not an employee (within the
meaning of subparagraph (A)) of such employer and who
provides services to such employer, if—
‘‘(i) such person has (pursuant to an agreement
with such employer or any other person) performed
such services for such employer (or for such em-
ployer and related persons (within the meaning of
section 144(a)(3) of the Internal Revenue Code of
1986)) for a period of at least 1 year (6 months in
the case of core health benefits) at the rate of at
least 500 hours of service per year, and
‘‘(ii) such services are of a type historically per-
formed, in the business field of the employer, by em-
ployees (within the meaning of subparagraph (A)).’’.
(d) EFFECTIVE DATES.
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section
shall apply with respect to plan years beginning on
or after January 1, 1994.
(2) SPECIAL
RULE
FOR
COLLECTIVELY
BAR-
GAINED PLANS.—In the case of a plan maintained
pursuant to 1 or more collective bargaining agree-
ments between employee representatives and 1 or
more employers ratified on or before the date of the
enactment of this Act, paragraph (1) shall be ap-
plied to benefits pursuant to, and individuals covered
by, any such agreement by substituting for ‘‘Janu-
ary 1, 1994’’ the date of the commencement of the
first plan year beginning on or after the earlier of—
(A) the later of—
(i) January 1, 1994, or
(ii) the date on which the last of such
collective bargaining agreements termi-
nates (determined without regard to any
extension thereof after the date of the en-
actment of this Act), or
(B) January 1, 1996.
(3) PLAN
AMENDMENTS.—If any amendment
made by this section requires an amendment to any
plan, such plan amendment shall not be required to
be made before the first plan year beginning on or
after January 1, 1995, if—
(A) during the period after such amend-
ment made by this section takes effect and be-
fore such first plan year, the plan is operated
in accordance with the requirements of such
amendment made by this section, and
(B) such plan amendment applies retro-
actively to the period after such amendment
made by this section takes effect and such first
plan year.
A plan shall not be treated as failing to provide defi-
nitely determinable benefits or contributions, or to
be operated in accordance with the provisions of the
plan, merely because it operates in accordance with
this paragraph.
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