I
106TH CONGRESS
1ST SESSION
H. R. 2183
To amend title I of the Employee Retirement Income Security Act of 1974
to provide for the preemption of State law in certain cases relating
to certain church plans.
IN THE HOUSE OF REPRESENTATIVES
JUNE 14, 1999
Mr. ANDREWS (for himself and Mr. BOEHNER) introduced the following bill;
which was referred to the Committee on Education and the Workforce
A BILL
To amend title I of the Employee Retirement Income Secu-
rity Act of 1974 to provide for the preemption of State
law in certain cases relating to certain church 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 ‘‘Church Plan Parity
and Entanglement Prevention Act of 1999’’.
SEC. 2. COVERAGE IN CERTAIN CASES OF CERTAIN
CHURCH 
PLANS 
UNDER 
PROVISIONS 
OF
ERISA SUPERSEDING CERTAIN STATE LAWS.
(a) Section 4 of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1003) is amended—
(1) in subsection (b)(2), by adding at the end
the following: ‘‘except that section 514 shall apply as
provided in subsection (c) with respect to a church
plan to the extent such section provides for the su-
perseding of State insurance law and such plan
meets the requirements of subsection (c),’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c)(1) A church plan meets the requirements of this
subsection if—
‘‘(A) the plan is established and maintained by
a church or a convention or association of churches,
including an organization described in section
3(33)(C)(i);
‘‘(B) such church, convention or association of
churches, or organization has engaged in substantial
operations for more than 5 years in connection with
the administration or funding of 1 or more employee
benefit plans; and
‘‘(C) such church, convention or association of
churches, or organization has filed with the Sec-
retary before the end of each plan year to which this
subsection applies an affidavit of a fiduciary attest-
ing that the plan (including any trust forming a part
of the plan) meets the requirements of this sub-
section, specifying the name of the plan, the address
of the principal place of business of the plan, the
name of the plan administrator, the address of the
plan administrator, the total number of participants,
and providing such additional information as the
Secretary may determine by regulation may be pro-
vided without significant burden to the plan.
The Secretary shall consult with the National Association
of Insurance Commissioners in issuing regulations under
subparagraph (C).
‘‘(2) The requirements of this subsection shall be con-
strued so as to maintain a rebuttable presumption against
the superseding of State law.
‘‘(3) For purposes of this subsection, the term
‘church plan’ excludes any other entity, irrespective of any
affiliation with the plan (or with a trust forming a part
of the plan), to the extent that such entity’s principle pur-
pose or function is other than the administration or fund-
ing of benefits under an employee benefit plan for the em-
ployees of a church or convention or association of church-
es.
‘‘(4) Except as specifically provided in paragraph (5),
nothing in this subsection shall be construed to affect any
State law—
‘‘(A) to the extent that it applies to an insur-
ance company, or insurer, including a health mainte-
nance organization or provider service organization;
or
‘‘(B) which is enacted for the purpose of the
regulation of the business of insurance, except to the
extent that such law is applied directly to a church
plan meeting the requirements of this subsection (or
any trust forming a part of the plan).
‘‘(5) This title shall supersede any provision of State
law which, solely because a church plan meeting the re-
quirements of this subsection (or a trust forming a part
of such plan) does not comply with a State law otherwise
superseded by this title, prohibits—
‘‘(A) an agent or broker, otherwise authorized
to engage in the sale of insurance within a State,
from engaging in a sale of insurance in connection
with a church plan meeting the requirements of this
subsection (or a trust forming a part of such a
plan);
‘‘(B) an insurer, otherwise authorized to engage
in the sale of stop-loss insurance, from issuing a
stop-loss policy in connection with a church plan
meeting the requirements of this subsection (or a
trust forming a part of such a plan); or
‘‘(C) a service provider, otherwise authorized to
engage in the provision of services within a State,
from providing services in connection with a church
plan meeting the requirements of this subsection.
‘‘(6) Nothing in this subsection shall be construed
to—
‘‘(A) alter, amend, modify, invalidate, impair,
or supersede any other law of the United States or
any rule or regulation issued under any such law;
‘‘(B) alter, amend, modify, invalidate, impair,
or supersede any law of any State, or any rule or
regulation issued under any such law, unless specifi-
cally so provided in this subsection;
‘‘(C) alter, amend, modify, invalidate, impair, or
supersede any State law to the extent that it im-
poses requirements on policies or contracts of insur-
ance purchased by church plans meeting the require-
ments of this subsection; or
‘‘(D) alter, amend, modify, invalidate, impair,
or supersede any State law which applies to a func-
tion other than the function of operating a church
plan meeting the requirements of this subsection.
‘‘(7) For purposes of this subsection, the terms
‘State’ and ‘State law’ have the meanings provided such
terms under section 514(c).’’.
SEC. 3. NO INFERENCE.
Nothing in this Act may be construed to raise any
inference with respect to the applicability to any church
plan (or trust forming a part of a church plan) of any
State law which is not expressly superseded by reason of
the amendments made by this Act.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on the date of the enactment of this Act.
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