datamatters24/research-document-archive huggingface dataset:
any early retirement or exit-incentive plan, within
the preceding 365 days; and
‘‘(3) with respect to any plan supplemental ben-
efits for which an employee first becomes eligible
after the enactment of Teacher Voluntary Early Re-
tirement Incentive Act of 2001—
‘‘(i) any employee who attains the min-
imum age and satisfies all non-age based condi-
tions for receiving a benefit under the plan has
an opportunity lasting not less than 180 days
to elect to retire, and the plan does not require
retirement to occur sooner than 180 days after
such election; and
‘‘(ii) any employee who is not eligible to re-
ceive the maximum supplemental benefits pro-
vided under the plan because of the age of such
employee at the time of retirement was afforded
a reasonable opportunity to receive such max-
imum benefits at a previous time in such em-
ployee’s employment.’’.
(b) CONSTRUCTION.—Except as otherwise provided
in section 4(m)(3) of the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 623(m)(3)), the amendment
made by subsection (a) shall apply in determining whether
a voluntary employee early retirement incentive plan main-
tained by a local educational agency (as defined in section
14101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801)) or an institution of higher edu-
cation (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)), was in violation of sub-
section (a), (b), (c), or (e) of section 4 of the Age Discrimi-
nation in Employment Act of 1967 (29 U.S.C. 621 et seq.)
after January 1, 1996.
SEC. 3. RETIREE MEDICAL BENEFITS COORDINATED WITH
MEDICARE AND OTHER GOVERNMENTAL AND
EMPLOYER 
BENEFIT 
PLANS; 
VOLUNTARY
EARLY 
RETIREMENT 
INCENTIVE 
PLANS
MAINTAINED BY LOCAL EDUCATIONAL AGEN-
CIES.
(a) VOLUNTARY EARLY RETIREMENT INCENTIVE
PLANS MAINTAINED
BY LOCAL EDUCATIONAL AGEN-
CIES.—Section 4(l)(1) of the Age Discrimination in Em-
ployment Act of 1967 (29 U.S.C. 623(l)(1)) is amended
by adding at the end the following:
‘‘A voluntary early retirement incentive plan maintained
by a local educational agency (as defined in Section 14101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801)) which makes payments or supplements
as provided in clauses (i) or (ii) of subparagraph (B) in
coordination with a defined benefit plan (as defined in
154
‘‘(H) Section 118 (relating to access to
needed prescription drugs).
‘‘(I) Section 119 (relating to coverage for
individuals participating in approved clinical
trials).
‘‘(J) Section 120 (relating to required cov-
erage 
for 
minimum 
hospital 
stay 
for
mastectomies and lymph node dissections for
the treatment of breast cancer and coverage for
secondary consultations).
‘‘(K) Section 134 (relating to payment of
claims).
‘‘(2) INFORMATION.—With respect to informa-
tion required to be provided or made available under
section 121 of the Bipartisan Patient Protection
Act, in the case of a group health plan that provides
benefits in the form of health insurance coverage
through a health insurance issuer, the Secretary
shall determine the circumstances under which the
plan is not required to provide or make available the
information (and is not liable for the issuer’s failure
to provide or make available the information), if the
issuer is obligated to provide and make available (or
provides and makes available) such information.
163
(1) EXPORT ADMINISTRATION ACT.—This Act
shall not affect any administrative or judicial pro-
ceedings commenced or any application for a license
made, under the Export Administration Act of 1979
or pursuant to Executive Order 12924, which is
pending at the time this Act takes effect. Any such
proceedings, and any action on such application,
shall continue under the Export Administration Act
of 1979 as if that Act had not been repealed.
(2) OTHER
PROVISIONS
OF
LAW.—This Act
shall not affect any administrative or judicial pro-
ceeding commenced or any application for a license
made, under those provisions of the Arms Export
Control Act which are amended by section 702, if
such proceeding or application is pending at the time
this Act takes effect. Any such proceeding, and any
action on such application, shall continue under
those provisions as if those provisions had not been
amended by section 702.
(c) TREATMENT OF CERTAIN DETERMINATIONS.—
Any determination with respect to the government of a
foreign country under section 6(j) of the Export Adminis-
tration Act of 1979, or Executive Order 12924, that is
in effect on the day before the date of enactment of this
Act, shall, for purposes of this title or any other provision
164
of law, be deemed to be made under section 310 of this
Act until superseded by a determination under such sec-
tion 310.
(d) LAWFUL INTELLIGENCE ACTIVITIES.—The pro-
hibitions otherwise applicable under this Act do not apply
with respect to any transaction subject to the reporting
requirements of title V of the National Security Act of
1947. Notwithstanding any other provision of this Act,
nothing shall affect the responsibilities and authorities of
the Director of Central Intelligence under section 103 of
the National Security Act of 1947.
(e) IMPLEMENTATION.—The Secretary shall make
any revisions to the Export Administration regulations re-
quired by this Act no later than 180 days after the date
of enactment of this Act.
Æ
I
107TH CONGRESS
1ST SESSION
H. R. 2558
To amend the Age Discrimination in Employment Act of 1967 with respect
to voluntary early retirement benefits and medical benefits.
IN THE HOUSE OF REPRESENTATIVES
JULY 18, 2001
Mr. PETRI (for himself, Mr. KIND, Mr. GREEN of Wisconsin, Mr. SENSEN-
BRENNER, Mr. RYAN of Wisconsin, Ms. BALDWIN, Mr. BARRETT of Wis-
consin, Mr. KLECZKA, and Mr. PETERSON of Minnesota) introduced the
following bill; which was referred to the Committee on Education and the
Workforce
A BILL
To amend the Age Discrimination in Employment Act of
1967 with respect to voluntary early retirement benefits
and medical benefits.
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 ‘‘Teacher Voluntary
Early Retirement Incentive Act of 2001’’.
SEC. 2. GOVERNMENTAL AND HIGHER EDUCATION VOL-
UNTARY 
EARLY 
RETIREMENT 
INCENTIVE
PLANS.
(a) AMENDMENT.—Section 4(m) of the Age Discrimi-
nation in Employment Act of 1967 (29 U.S.C. 623) is
amended to read as follows:
‘‘(m) 
VOLUNTARY
RETIREMENT
INCENTIVE
PLANS.—Notwithstanding subsection (f)(2)(b), it shall
not be a violation of subsection (a), (b), (c), or (d) solely
because a voluntary early retirement incentive plan main-
tained by a local educational agency (as defined in section
14101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801)) or an institution of higher edu-
cation (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)), provides for supplemental
benefits to an employee that are reduced or eliminated on
the basis of the employee’s age at the time of such employ-
ee’s retirement, if—
‘‘(1) the employer does not implement with re-
spect to such employee any age-based reduction or
elimination of benefits that are not such supple-
mental benefits, except as permitted by other provi-
sions of this Act;
‘‘(2) such supplemental benefits are in addition
to any retirement or severance benefits which have
been offered generally to employees, independent of
Section 3(35) of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1002(35) maintained by a
state or an agency thereof shall itself be deemed to con-
stitute a defined benefit plan for purposes of subpara-
graph (B).’’.
(b) RETIREE MEDICAL BENEFITS COORDINATED
WITH MEDICARE BENEFITS.—Section 4(l) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C.
623(l)) is amended by adding to the end the following:
‘‘(4) It shall not be a violation of subsection (a), (b),
(c), or (e) solely because an employee benefit plan (as de-
fined in section 3 of the Employment Retirement Income
Security Act of 1974 (29 U.S.C. 1002(3)) provides for
medical benefits for retired participants that are altered,
reduced, or eliminated when the participant is eligible for
medical benefits under title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.) or an employee benefit plan
maintained by a State or an agency thereof.’’.
(c) CONSTRUCTION.—(1) The amendments made by
subsections (a) and (b) shall apply in determining whether
a voluntary early retirement incentive plan maintained by
a local educational agency (as defined in Section 14101
of the Elementary and Secondary Education Act (20
U.S.C. 8801)) or an employee benefit plan (as defined in
Section 3 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002(3)) providing medical bene-
fits for retired participants, was in violation of subsection
(a), (b), (c), or (e) of section 4 of the Age Discrimination
in Employment Act of 1967 (29 U.S.C. 623) at any time
subsequent to January 1, 1996.
(2) No inference may be drawn from the amendment
made by subsection (a) as to whether a voluntary early
retirement incentive plan maintained by a local edu-
cational agency constitutes, or at any time before or after
the effective date of subsection (a) constituted, a defined
benefit plan (as defined in Section 3(35) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(35)) for any purpose, including section 4 of the Age
Discrimination in Employment Act of 1967.
Æ
(ii) by striking ‘‘(b) PERIOD OF EN-
ROLLMENT.—’’. 
(B) In section 189 (29 U.S.C. 2939)—
(i) by striking subsection (h); and 
(ii) by redesignating subsection (i) as 
subsection (h). 
(8) TITLE 36.—Section 902(d)(5) of title 36, 
United States Code, is amended by striking subpara-
graph (D). 
(9) TITLE 37.—Title 37, United States Code, is 
amended as follows: 
(A) In section 209(a), by striking the last 
sentence. 
(B) In section 308e(1)—
(i) in subparagraph (A), by striking 
‘‘or under section 6(d)(1) of the Military 
Selective Service Act (50 U.S.C. App. 
456(d)(1))’’; and 
(ii) in subparagraph (B), by striking 
‘‘or section 6(d)(1) of the Military Selec-
tive 
Service 
Act 
(50 
U.S.C. 
App. 
456(d)(1))’’. 
(10) TITLE 42.—(A) Section 210(m)(5) of the 
Social Security Act (42 U.S.C. 410(m)(5)) is 
amended by striking out ‘‘service—’’ and all that
SECTION 1. DEFINITION OF AN ANNUITANT.
Paragraph (2) of section 9001 of title 5, United
States Code, is amended to read as follows:
‘‘(2) 
ANNUITANT.—The 
term 
‘annuitant’
means—
‘‘(A) any individual who would satisfy the
requirements of paragraph (3) of section 8901
if, for purposes of such paragraph, the term
‘employee’ were considered to have the meaning
given to it under paragraph (1) of this sub-
section; and
‘‘(B) any individual who—
‘‘(i) satisfies all requirements for title
to an annuity under subchapter III of
chapter 83, chapter 84, or any other re-
tirement system for employees of the Gov-
ernment (whether based on the service of
such individual or otherwise), and files ap-
plication therefor;
‘‘(ii) is at least 18 years of age; and
‘‘(iii) would not (but for this subpara-
graph) otherwise satisfy the requirements
of this paragraph.’’.
SEC. 2. PREEMPTION.
Section 9005 of title 5, United States Code, is
amended—
(1) by inserting ‘‘(a) CONTRACTUAL PROVI-
SIONS.—’’ before ‘‘The’’; and
(2) by adding at the end the following:
‘‘(b) PREMIUMS.—
‘‘(1) IN GENERAL.—No tax, fee, or other mone-
tary payment may be imposed or collected, directly
or indirectly, by any State, the District of Columbia,
or the Commonwealth of Puerto Rico, or by any po-
litical subdivision or other governmental authority
thereof, on, or with respect to, any premium paid for
an insurance policy under this chapter.
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)
shall not be construed to exempt any company or
other entity issuing a policy of insurance under this
chapter from the imposition, payment, or collection
of a tax, fee, or other monetary payment on the net
income or profit accruing to or realized by such enti-
ty from business conducted under this chapter, if
that tax, fee, or payment is applicable to a broad
range of business activity.’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect
as if included in the enactment of section 1002 of the
Long-Term Care Security Act (Public Law 106–265; 114
Stat. 762).
Passed the House of Representatives October 30,
2001.
Attest:
Clerk.
H. R. 2559
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To amend chapter 90 of title 5, United States Code, relating to Federal long-
term care insurance.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DEFINITION OF AN ANNUITANT.
Paragraph (2) of section 9001 of title 5, United States Code,
is amended to read as follows:
‘‘(2) ANNUITANT.—The term ‘annuitant’ means—
‘‘(A) any individual who would satisfy the requirements
of paragraph (3) of section 8901 if, for purposes of such
paragraph, the term ‘employee’ were considered to have
the meaning given to it under paragraph (1) of this sub-
section; and
‘‘(B) any individual who—
‘‘(i) satisfies all requirements for title to an annuity
under subchapter III of chapter 83, chapter 84, or
any other retirement system for employees of the
Government (whether based on the service of such
individual or otherwise), and files application therefor;
‘‘(ii) is at least 18 years of age; and
‘‘(iii) would not (but for this subparagraph) other-
wise satisfy the requirements of this paragraph.’’.
SEC. 2. PREEMPTION.
Section 9005 of title 5, United States Code, is amended—
(1) by inserting ‘‘(a) CONTRACTUAL PROVISIONS.—’’ before
‘‘The’’; and
(2) by adding at the end the following:
‘‘(b) PREMIUMS.—
‘‘(1) IN GENERAL.—No tax, fee, or other monetary payment
may be imposed or collected, directly or indirectly, by any
State, the District of Columbia, or the Commonwealth of Puerto
Rico, or by any political subdivision or other governmental
authority thereof, on, or with respect to, any premium paid
for an insurance policy under this chapter.
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) shall not be
construed to exempt any company or other entity issuing a
policy of insurance under this chapter from the imposition,
payment, or collection of a tax, fee, or other monetary payment
on the net income or profit accruing to or realized by such
entity from business conducted under this chapter, if that tax,
fee, or payment is applicable to a broad range of business
activity.’’.
H. R. 2559—2
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if
included in the enactment of section 1002 of the Long-Term Care
Security Act (Public Law 106–265; 114 Stat. 762).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
I
107TH CONGRESS
1ST SESSION
H. R. 2559
To amend chapter 90 of title 5, United States Code, relating to Federal
long-term care insurance.
IN THE HOUSE OF REPRESENTATIVES
JULY 18, 2001
Mr. SCARBOROUGH (for himself, Mr. DAVIS of Illinois, Mr. TOM DAVIS of Vir-
ginia, Mr. CUMMINGS, Mrs. MORELLA, and Mr. WAXMAN) introduced the
following bill; which was referred to the Committee on Government Re-
form, and in addition to the Committees on the Judiciary, and Resources,
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 chapter 90 of title 5, United States Code, relating
to Federal long-term care insurance.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEFINITION OF AN ANNUITANT.
Paragraph (2) of section 9001 of title 5, United
States Code, is amended to read as follows:
‘‘(2) 
ANNUITANT.—The 
term 
‘annuitant’
means—
‘‘(A) any individual who would satisfy the
requirements of paragraph (3) of section 8901
if, for purposes of such paragraph, the term
‘employee’ were considered to have the meaning
given to it under paragraph (1) of this sub-
section; and
‘‘(B) any individual who—
‘‘(i) satisfies all requirements for title
to an annuity under subchapter III of
chapter 83, chapter 84, or any other re-
tirement system for employees of the Gov-
ernment (whether based on the service of
such individual or otherwise), and files ap-
plication therefor;
‘‘(ii) is at least 18 years of age; and
‘‘(iii) would not (but for this subpara-
graph) otherwise satisfy the requirements
of this paragraph.’’.
SEC. 2. PREEMPTION.
Section 9005 of title 5, United States Code, is
amended—
(1) by inserting ‘‘(a) CONTRACTUAL PROVI-
SIONS.—’’ before ‘‘The’’; and
(2) by adding at the end the following:
‘‘(b) PREMIUMS.—
‘‘(1) IN GENERAL.—No tax, fee, or other mone-
tary payment may be imposed or collected, directly
or indirectly, by any State, the District of Columbia,
or the Commonwealth of Puerto Rico, or by any po-
litical subdivision or other governmental authority
thereof, on, or with respect to, any premium paid for
an insurance policy under this chapter.
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)
shall not be construed to exempt any company or
other entity issuing a policy of insurance under this
chapter from the imposition, payment, or collection
of a tax, fee, or other monetary payment on the net
income or profit accruing to or realized by such enti-
ty from business conducted under this chapter, if
that tax, fee, or payment is applicable to a broad
range of business activity.’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect
as if included in the enactment of section 1002 of the
Long-Term Care Security Act (Public Law 106–265; 114
Stat. 762).
Æ
IIB
107TH CONGRESS
1ST SESSION
H. R. 2559
IN THE SENATE OF THE UNITED STATES
OCTOBER 31, 2001
Received; read twice and referred to the Committee on Governmental Affairs
AN ACT
To amend chapter 90 of title 5, United States Code, relating
to Federal long-term care insurance.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 2559 RFS
SECTION 1. DEFINITION OF AN ANNUITANT.
Paragraph (2) of section 9001 of title 5, United
States Code, is amended to read as follows:
‘‘(2) 
ANNUITANT.—The 
term 
‘annuitant’
means—
‘‘(A) any individual who would satisfy the
requirements of paragraph (3) of section 8901
if, for purposes of such paragraph, the term
‘employee’ were considered to have the meaning
given to it under paragraph (1) of this sub-
section; and
‘‘(B) any individual who—
‘‘(i) satisfies all requirements for title
to an annuity under subchapter III of
chapter 83, chapter 84, or any other re-
tirement system for employees of the Gov-
ernment (whether based on the service of
such individual or otherwise), and files ap-
plication therefor;
‘‘(ii) is at least 18 years of age; and
‘‘(iii) would not (but for this subpara-
graph) otherwise satisfy the requirements
of this paragraph.’’.
SEC. 2. PREEMPTION.
Section 9005 of title 5, United States Code, is
amended—
HR 2559 RFS
(1) by inserting ‘‘(a) CONTRACTUAL PROVI-
SIONS.—’’ before ‘‘The’’; and
(2) by adding at the end the following:
‘‘(b) PREMIUMS.—
‘‘(1) IN GENERAL.—No tax, fee, or other mone-
tary payment may be imposed or collected, directly
or indirectly, by any State, the District of Columbia,
or the Commonwealth of Puerto Rico, or by any po-
litical subdivision or other governmental authority
thereof, on, or with respect to, any premium paid for
an insurance policy under this chapter.
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)
shall not be construed to exempt any company or
other entity issuing a policy of insurance under this
chapter from the imposition, payment, or collection
of a tax, fee, or other monetary payment on the net
income or profit accruing to or realized by such enti-
ty from business conducted under this chapter, if
that tax, fee, or payment is applicable to a broad
range of business activity.’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect
as if included in the enactment of section 1002 of the
HR 2559 RFS
Long-Term Care Security Act (Public Law 106–265; 114
Stat. 762).
Passed the House of Representatives October 30,
2001.
Attest:
JEFF TRANDAHL,
Clerk.
Act) designed to provide information, assistance, and
referrals to consumers of health insurance products.
(2) STATE ELIGIBILITY.—To be eligible to re-
ceive a grant under this subsection a State shall pre-
pare and submit to the Secretary an application at
such time, in such manner, and containing such in-
formation as the Secretary may require, including a
State plan that describes—
(A) the manner in which the State will en-
sure that the health care consumer assistance
office (established under paragraph (4)) will
educate and assist health care consumers in ac-
cessing needed care;
(B) the manner in which the State will co-
ordinate and distinguish the services provided
by the health care consumer assistance office
with the services provided by Federal, State and
local health-related ombudsman, information,
protection and advocacy, insurance, and fraud
and abuse programs;
(C) the manner in which the State will
provide information, outreach, and services to
underserved, minority populations with limited
English proficiency and populations residing in
rural areas;
II
Calendar No. 235
107TH CONGRESS
1ST SESSION
H. R. 2559
To amend chapter 90 of title 5, United States Code, relating to Federal
long-term care insurance.
IN THE SENATE OF THE UNITED STATES
OCTOBER 31, 2001
Received; read twice and referred to the Committee on Governmental Affairs
NOVEMBER 27, 2001
Reported by Mr. LIEBERMAN, without amendment
AN ACT
To amend chapter 90 of title 5, United States Code, relating
to Federal long-term care insurance.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEFINITION OF AN ANNUITANT.
Paragraph (2) of section 9001 of title 5, United
States Code, is amended to read as follows:
‘‘(2) 
ANNUITANT.—The 
term 
‘annuitant’
means—
‘‘(A) any individual who would satisfy the
requirements of paragraph (3) of section 8901
if, for purposes of such paragraph, the term
‘employee’ were considered to have the meaning
given to it under paragraph (1) of this sub-
section; and
‘‘(B) any individual who—
‘‘(i) satisfies all requirements for title
to an annuity under subchapter III of
chapter 83, chapter 84, or any other re-
tirement system for employees of the Gov-
ernment (whether based on the service of
such individual or otherwise), and files ap-
plication therefor;
‘‘(ii) is at least 18 years of age; and
‘‘(iii) would not (but for this subpara-
graph) otherwise satisfy the requirements
of this paragraph.’’.
SEC. 2. PREEMPTION.
Section 9005 of title 5, United States Code, is
amended—
(1) by inserting ‘‘(a) CONTRACTUAL PROVI-
SIONS.—’’ before ‘‘The’’; and
(2) by adding at the end the following:
‘‘(b) PREMIUMS.—
‘‘(1) IN GENERAL.—No tax, fee, or other mone-
tary payment may be imposed or collected, directly
or indirectly, by any State, the District of Columbia,
or the Commonwealth of Puerto Rico, or by any po-
litical subdivision or other governmental authority
thereof, on, or with respect to, any premium paid for
an insurance policy under this chapter.
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)
shall not be construed to exempt any company or
other entity issuing a policy of insurance under this
chapter from the imposition, payment, or collection
of a tax, fee, or other monetary payment on the net
income or profit accruing to or realized by such enti-
ty from business conducted under this chapter, if
that tax, fee, or payment is applicable to a broad
range of business activity.’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect
as if included in the enactment of section 1002 of the
Long-Term Care Security Act (Public Law 106–265; 114
Stat. 762).
Calendar No. 235
107TH CONGRESS
1ST SESSION
H. R. 2559
AN ACT
To amend chapter 90 of title 5, United States
Code, relating to Federal long-term care insurance.
NOVEMBER 27, 2001
Reported without amendment