‘‘(i) IN GENERAL.—In any such ac-
tion, each defendant shall be liable only for
the amount allocated to the defendant in
direct proportion to the percentage of re-
sponsibility of the defendant (determined
in accordance with clause (ii)) for the
harm to the plaintiff with respect to which
the defendant is liable. The court shall
render a separate judgment against each
defendant in an amount determined pursu-
ant to the preceding sentence.
‘‘(ii) 
PERCENTAGE
OF
RESPONSI-
BILITY.—For purposes of determining the
amount allocated to a defendant under this
paragraph, the trier of fact shall determine
the percentage of responsibility of each
person responsible for the plaintiff’s harm,
whether or not such person is a party to
the action.
‘‘(8) LIMITATION OF ACTION.—Paragraph (1)
shall not apply in connection with any action com-
menced after the later of—
‘‘(A) 1 year after (i) the date of the last
action which constituted a part of the failure,
or (ii) in the case of an omission, the latest
date on which the fiduciary could have cured
the failure, or
‘‘(B) 1 year after the earliest date on
which the plaintiff first knew, or reasonably
should have known, of the bodily injury result-
ing from the failure.
‘‘(9) CONSTRUCTION.—Nothing in this sub-
section shall be construed as authorizing a cause of
action—
‘‘(A) for the failure to provide an item or
service which is not covered under the group
health plan involved, or
‘‘(B) for any action taken by a fiduciary
which consists of full compliance with the rever-
sal or modification by a final decision under
section 503(b)(4)(E) of an initial coverage deci-
sion under section 503(b)(2).
‘‘(10) PREEMPTION.—This subsection super-
sedes any action authorized under State law (as de-
fined in section 514(c)(1)) against any person for
damages based on any failure described in subpara-
graph (A) or (B) of paragraph (1) by such person
to the extent that an action against such person for
damages based on such failure is authorized under
this subsection.’’.
(b) 
CONFORMING
AMENDMENT.—Section
502(a)(1)(A) of such Act (29 U.S.C. 1132(a)(1)(A)) is
amended by inserting ‘‘or (n)’’ after ‘‘subsection (c)’’.
SEC. 4. EFFECTIVE DATES.
(a) IN GENERAL.—The amendments made by this
Act (other than section 3) shall apply with respect to
grievances arising in plan years beginning on or after Jan-
uary 1 of the second calendar year following the date of
the enactment of this Act. The Secretary shall first issue
all regulations necessary to carry out the amendments
made by this Act before such date.
(b) LIMITATION ON ENFORCEMENT ACTIONS.—No
enforcement action shall be taken, pursuant to the amend-
ments made by this Act (other than section 3), against
a group health plan or health insurance issuer with respect
to a violation of a requirement imposed by such amend-
ments before the date of issuance of final regulations
issued in connection with such requirement, if the plan
or issuer has sought to comply in good faith with such
requirement.
(c) COLLECTIVE BARGAINING AGREEMENTS.—Any
plan amendment made pursuant to a collective bargaining
agreement relating to the plan which amends the plan
solely to conform to any requirement added by this Act
shall not be treated as a termination of such collective bar-
gaining agreement.
(d) EXPANDED
SECTION
502 REMEDIES.—The
amendments made by section 3 shall apply to acts and
omissions (from which a cause of action arises) occurring
on or after the date of the enactment of this Act.
(e) SUNSET.—The amendments made by this Act
shall not apply with respect to grievances arising (or acts
or omissions occurring) in plan years beginning on or after
January 1, 2005, and the provisions of the Employee Re-
tirement Income Security Act of 1974 shall read after
such date as if such amendments had not been enacted.
SEC. 5. SEVERABILITY.
If any provision of this Act or amendment made by
this Act, or the application of a provision or amendment
to any person or circumstance, is held to be unconstitu-
tional, the remainder of this Act and amendments made
by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be
affected by the holding.
Æ