ments of section 4980B(f), but such a plan making such 
payments shall be considered as not satisfying such re-
quirements unless such benefits are subordinate to the re-
tirement benefits provided by the plan and to the qualified 
current retiree health liabilities (as defined in section 420) 
of a health benefits account which is part of such plan.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to taxable years beginning after 
the date of the enactment of this Act. 
SEC. 7. NOTICE TO PARTICIPANTS AND BENEFICIARIES 
CLAIMING GROUP HEALTH PLAN BENEFITS 
OF AVAILABILITY OF SSI BENEFITS. 
(a) IN GENERAL.—Section 609 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1169) 
is amended—
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) NOTICE TO CLAIMANT OF AVAILABLE SSI BEN-
EFITS.—Upon receipt of a claim for benefits under a 
group health plan, the administrator of such plan shall, 
not later than 30 days after receipt of the claim, provide 
to the claimant written notice of the availability to eligible 
elderly or disabled individuals with limited income and re-
sources to cash benefits under the supplemental security 
income program under title XVI of the Social Security 
Act. Such notice shall be in a form which shall be pre-
scribed by the Secretary of Health and Human Services.’’. 
(b) ENFORCEMENT.—Section 502(c)(1)(A) of such 
Act (as amended by section 3(b)) is amended further by 
striking ‘‘or paragraph (1) or (4) of section 606’’ and in-
serting ‘‘paragraph (1) or (4) of section 606, or section 
609(e)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply in connection with claims for bene-
fits filed during plan years beginning on or after January 
1, 2005. 
SEC. 8. REQUIREMENT FOR QUALIFIED INDIVIDUALS WHO 
OBTAIN EMERGENCY ROOM SERVICES TO 
MAINTAIN 
SUBSTANTIAL 
HEALTH 
INSUR-
ANCE COVERAGE FOR 2 YEARS. 
(a) ALIENATION
OF PENSION BENEFITS
TO EN-
FORCE COURT ORDER TO MAINTAIN COVERAGE.—Section 
206 of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1056) is amended by adding at the end 
the following new subsection: 
‘‘(g) ALIENATION OF PENSION BENEFITS TO EN-
FORCE CERTAIN COURT ORDERS TO MAINTAIN SUBSTAN-
TIAL HEALTH INSURANCE COVERAGE.—
‘‘(1) ALIENATION
OF
PENSION
BENEFITS.—
Subsection (d)(1) shall not apply in connection with 
any pension plan with respect to amounts payable, 
by an individual who is a participant or beneficiary 
under such plan and fails to meet the requirements 
of paragraph (2), for the purpose of acquiring and 
maintaining health insurance coverage pursuant to 
an order of a court of competent jurisdiction under 
section 502(c)(7). 
‘‘(2) REQUIREMENT OF COVERAGE UPON OB-
TAINING EMERGENCY ROOM SERVICES.—In any case 
in which emergency room services are obtained for 
a qualified individual or for such individual’s spouse 
or dependent, such individual shall be treated as fail-
ing to meet the requirements of this paragraph with 
respect to the patient if, at the time that such serv-
ices are obtained, such patient is not covered under 
substantial health insurance coverage. 
‘‘(3) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) QUALIFIED INDIVIDUAL.—The term 
‘qualified individual’ means an individual whose 
adjusted gross income for the taxable year pre-
ceding the time emergency room services de-
scribed in paragraph (2) are obtained is greater
than or equal to 500 percent of the poverty line 
(as defined by the Office of Management and 
Budget). 
‘‘(B) EMERGENCY ROOM SERVICES.—The 
term ‘emergency room services’ means medical 
care at a hospital emergency department (as 
defined for purposes of section 1867 of the So-
cial Security Act (42 U.S.C. 1395dd)).’’. 
‘‘(C) SUBSTANTIAL
HEALTH
INSURANCE 
COVERAGE.—
‘‘(i) IN
GENERAL.—The term ‘sub-
stantial health insurance coverage’ means 
health insurance coverage (within the 
meaning of section 733(b)(1)) which is de-
termined by the Secretary (in consultation 
with the Secretary of Health and Human 
Services) to meet the following require-
ments: 
‘‘(I) 
AGGREGATE
ACTUARIAL 
VALUE EQUIVALENT TO BENCHMARK 
PACKAGE.—The coverage has an ag-
gregate actuarial value that is at least 
actuarially equivalent to one of the 
benchmark benefit packages.
‘‘(II) INCLUSION OF BASIC SERV-
ICES.—The coverage includes benefits 
for items and services within each of 
the categories of basic services de-
scribed in clause (iii). 
‘‘(III) SUBSTANTIAL
ACTUARIAL 
VALUE FOR ADDITIONAL SERVICES IN-
CLUDED IN BENCHMARK PACKAGE.—
With respect to each of the categories 
of additional services described in 
clause (iv) for which coverage is pro-
vided under the benchmark benefit 
package used under subclause (I), the 
coverage has an actuarial value that is 
equal to at least 75 percent of the ac-
tuarial value of the coverage of that 
category of services in such package. 
‘‘(ii) BENCHMARK
BENEFIT
PACK-
AGES.—The benchmark benefit packages 
are as follows: 
‘‘(I) 
FEHBP-EQUIVALENT 
HEALTH INSURANCE COVERAGE.—The 
standard Blue Cross/Blue Shield pre-
ferred provider option service benefit 
plan, described in and offered under