Title 29 — Labor
Part 6 · Chapter 18 — Employee Retirement Income Security Program
§ 1166. Notice requirements
Statutory text
In general
In accordance with regulations prescribed by the Secretary—
the group health plan shall provide, at the time of commencement of coverage under the plan, written notice to each covered employee and spouse of the employee (if any) of the rights provided under this subsection,
the employer of an employee under a plan must notify the administrator of a qualifying event described in paragraph (1), (2), (4), or (6) of section 1163 of this title within 30 days (or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan) of the date of the qualifying event,
each covered employee or qualified beneficiary is responsible for notifying the administrator of the occurrence of any qualifying event described in paragraph (3) or (5) of section 1163 of this title within 60 days after the date of the qualifying event and each qualified beneficiary who is determined, under title II or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.], to have been disabled at any time during the first 60 days of continuation coverage under this part is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled, and
the administrator shall notify—
in the case of a qualifying event described in paragraph (1), (2), (4), or (6) of section 1163 of this title, any qualified beneficiary with respect to such event, and
in the case of a qualifying event described in paragraph (3) or (5) of section 1163 of this title where the covered employee notifies the administrator under paragraph (3), any qualified beneficiary with respect to such event,
of such beneficiary’s rights under this subsection.
Alternative means of compliance with requirements for notification of multiemployer plans by employers
The requirements of subsection (a)(2) shall be considered satisfied in the case of a multiemployer plan in connection with a qualifying event described in paragraph (2) of section 1163 of this title if the plan provides that the determination of the occurrence of such qualifying event will be made by the plan administrator.
Rules relating to notification of qualified beneficiaries by plan administrator
For purposes of subsection (a)(4), any notification shall be made within 14 days (or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan) of the date on which the administrator is notified under paragraph (2) or (3), whichever is applicable, and any such notification to an individual who is a qualified beneficiary as the spouse of the covered employee shall be treated as notification to all other qualified beneficiaries residing with such spouse at the time such notification is made.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Employee Retirement Income Security Act of 1974
Pub. L. 93–406 title I § 606 · 88 Stat. 829
Enacted · 29 U.S.C. § 1166
Pub. L. 93–406, title I, § 606, as added Pub. L. 99–272, title X, § 10002(a), Apr. 7, 1986, 100 Stat. 230
Source evidence
Code source credit
Pub. L. 93–406, title I, § 606, as added Pub. L. 99–272, title X, § 10002(a), Apr. 7, 1986, 100 Stat. 230Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 title IX § 9501(d)(2) · 100 Stat. 1874
Substituted · 29 U.S.C. § 1166(2)
Pub. L. 99–509 substituted “(4), or (6)” for “or (4)”
Source evidence
Code amendment note
Par. (2). Pub. L. 99–509 substituted “(4), or (6)” for “or (4)”.Enacted provision · exact public law section
(2) ERISA amendment.— Paragraphs (2) and (4)(A) of section 606 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166) (relating to notice requirements) are amended by striking “or (4)” each place it appears and inserting in lieu thereof “(4), or (6)”.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 title IX § 9501(d)(2) · 100 Stat. 1874
Substituted · 29 U.S.C. § 1166(4)(A)
Pub. L. 99–509 substituted “(4), or (6)” for “or (4)”
Source evidence
Code amendment note
Par. (4)(A). Pub. L. 99–509 substituted “(4), or (6)” for “or (4)”.Enacted provision · exact public law section
(2) ERISA amendment.— Paragraphs (2) and (4)(A) of section 606 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166) (relating to notice requirements) are amended by striking “or (4)” each place it appears and inserting in lieu thereof “(4), or (6)”.Tax Reform Act of 1986
Pub. L. 99–514 title XVIII § 1895(d)(6)(B) · 100 Stat. 2085
Inserted · 29 U.S.C. § 1166(3)
Pub. L. 99–514 inserted “within 60 days after the date of the qualifying event”
Source evidence
Code amendment note
Par. (3). Pub. L. 99–514 inserted “within 60 days after the date of the qualifying event”.Enacted provision · exact public law section
(B) ERISA amendment.— Paragraph (3) of section 606 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166(3); 100 Stat. 230) is amended by inserting “within 60 days after the date of the qualifying event” after “section 603”.Revenue Reconciliation Act of 1989
Pub. L. 101–239 § 7891(d)(1)(A)(ii) · 103 Stat. 2106
Amended · 29 U.S.C. § 1166
Pub. L. 101–239, § 7891(d)(1)(A)(ii), designated first sentence as subsec. (a)
Added · 29 U.S.C. § 1166
Pub. L. 101–239, § 7891(d)(1)(A)(ii), added subsec. (b)
Amended · 29 U.S.C. § 1166
Pub. L. 101–239, § 7891(d)(1)(A)(ii), designated second sentence as subsec. (c)
Substituted · 29 U.S.C. § 1166
Pub. L. 101–239, § 7891(d)(1)(A)(ii), substituted “For purposes of subsection (a)(4)” for “For purposes of paragraph (4)”
Source evidence
Code amendment note
Pub. L. 101–239, § 7891(d)(1)(A)(ii), designated first sentence as subsec. (a), added subsec. (b), designated second sentence as subsec. (c), and substituted “For purposes of subsection (a)(4)” for “For purposes of paragraph (4)”.Enacted provision · exact public law section
(ii) Section 606 of ERISA is amended— (I) by inserting “(a) In General.—” before “In accordance”; (II) by striking “For purposes of paragraph (4),” and inserting the following: “(c) Rules Relating to Notification of Qualified Beneficiaries by Plan Administrator.— For purposes of subsection (a)(4),”; and (III) by inserting after subsection (a)(4) (as so designated by the amendment made by subclause (I)) the following new subsection: “(b) Alternative Means of Compliance with Requirement for Notification of Multiemployer Plans by Employers.— The requirements of subsection (a)(2) shall be considered satisfied in the case of a multiemployer plan in connection with a qualifying event described in paragraph (2) of section 603 if the plan provides that the determination of the occurrence of such qualifying event will be made by the plan administrator.”.Revenue Reconciliation Act of 1989
Pub. L. 101–239 § 7891(d)(1)(A)(i)(II) · 103 Stat. 2106
Inserted · 29 U.S.C. § 1166
Pub. L. 101–239, § 7891(d)(1)(A)(i)(II), inserted in last sentence “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)” after “14 days”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–239, § 7891(d)(1)(A)(i)(II), inserted in last sentence “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)” after “14 days”.Enacted provision · exact public law section
(II) in the first sentence following paragraph (4), by inserting after “14 days” the following: “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)”.Revenue Reconciliation Act of 1989
Pub. L. 101–239 § 7891(d)(1)(A)(i)(I) · 103 Stat. 2106
Inserted · 29 U.S.C. § 1166
Pub. L. 101–239, § 7891(d)(1)(A)(i)(I), inserted “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)” after “30 days” in par. (2)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–239, § 7891(d)(1)(A)(i)(I), inserted “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)” after “30 days” in par. (2).Enacted provision · exact public law section
(I) in paragraph (2), by inserting after “30 days” the following: “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)”; andOmnibus Budget Reconciliation Act of 1989
Pub. L. 101–239 § 6703(c) · 103 Stat. 2106
Inserted · 29 U.S.C. § 1166
Pub. L. 101–239, § 6703(c), inserted “and each qualified beneficiary who is determined, under title II or XVI of the Social Security Act, to have been disabled at the time of a qualifying event described in section 1163(2) of this title is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled” before comma in par. (3)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–239, § 6703(c), inserted “and each qualified beneficiary who is determined, under title II or XVI of the Social Security Act, to have been disabled at the time of a qualifying event described in section 1163(2) of this title is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled” before comma in par. (3).Enacted provision · exact public law section
(c) Notices Required.— Section 606(3) of such Act (42 U.S.C. 29 USC 1166. 1166(3)) (relating to certain notices to plan administrator) is amended by inserting before the comma the following: “and each qualified beneficiary who is determined, under title II or XVI of the Social Security Act, to have been disabled at the time of a qualifying event described in section 603(2) is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled”.Pub. L. 104–191 title IV § 421(b)(2) · 110 Stat. 1936
Substituted · 29 U.S.C. § 1166(a)(3)
Pub. L. 104–191 substituted “at any time during the first 60 days of continuation coverage under this part” for “at the time of a qualifying event described in section 1163(2) of this title”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 104–191 substituted “at any time during the first 60 days of continuation coverage under this part” for “at the time of a qualifying event described in section 1163(2) of this title”.Enacted provision · exact public law section
(2) Notices.— Section 606(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166(a)(3)) is amended by striking “at the time of a qualifying event described in section 603(2)” and inserting “at any time during the first 60 days of continuation coverage under this part”.Effective date note
Amendment by Pub. L. 104–191 effective Jan. 1, 1997, regardless of whether qualifying event occurred before, on, or after such date, see section 421(d) of Pub. L. 104–191 set out as a note under section 4980B of Title 26, Internal Revenue Code.
11 of 12 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (a)(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of the Social Security Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments1986–1996 · 3 rounds
1996
Subsec. (a)(3). Pub. L. 104–191 substituted “at any time during the first 60 days of continuation coverage under this part” for “at the time of a qualifying event described in section 1163(2) of this title”.
1989
Pub. L. 101–239, § 7891(d)(1)(A)(ii), designated first sentence as subsec. (a), added subsec. (b), designated second sentence as subsec. (c), and substituted “For purposes of subsection (a)(4)” for “For purposes of paragraph (4)”.
Pub. L. 101–239, § 7891(d)(1)(A)(i)(II), inserted in last sentence “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)” after “14 days”.
Pub. L. 101–239, § 7891(d)(1)(A)(i)(I), inserted “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)” after “30 days” in par. (2).
Pub. L. 101–239, § 6703(c), inserted “and each qualified beneficiary who is determined, under title II or XVI of the Social Security Act, to have been disabled at the time of a qualifying event described in section 1163(2) of this title is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled” before comma in par. (3).
1986
Par. (2). Pub. L. 99–509 substituted “(4), or (6)” for “or (4)”.
Par. (3). Pub. L. 99–514 inserted “within 60 days after the date of the qualifying event”.
Par. (4)(A). Pub. L. 99–509 substituted “(4), or (6)” for “or (4)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–191 effective , regardless of whether qualifying event occurred before, on, or after such date, see section 421(d) of Pub. L. 104–191 set out as a note under section 4980B of Title 26, Internal Revenue Code.
Effective Date of 1989 Amendment
Amendment by section 6703(c) of Pub. L. 101–239 applicable to plan years beginning on or after , regardless of whether the qualifying event occurred before, on, or after such date, see section 6703(d) of Pub. L. 101–239, set out as a note under section 1162 of this title.
Amendment by section 7891(d)(1)(A) of Pub. L. 101–239 applicable with respect to plan years beginning on or after , see section 7891(d)(1)(C) of Pub. L. 101–239, set out as a note under section 4980B of Title 26, Internal Revenue Code.
Effective Date of 1986 Amendments
Amendment by Pub. L. 99–514 applicable only with respect to qualifying events occurring after , see section 1895(d)(6)(D) of Pub. L. 99–514, set out as a note under section 162 of Title 26, Internal Revenue Code.
Amendment by Pub. L. 99–509 effective, except as otherwise provided, as if included in title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. 99–272, see section 9501(e) of Pub. L. 99–509, set out as a note under section 162 of Title 26.
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.
Notification to Covered Employees
Pub. L. 99–272, title X, § 10002(e), , 100 Stat. 232, provided that: “At the time that the amendments made by this section [enacting this part and amending section 1132 of this title] apply to a group health plan (within the meaning of section 607(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1167(1)]), the plan shall notify each covered employee, and spouse of the employee (if any), who is covered under the plan at that time of the continuation coverage required under part 6 of subtitle B of title I of such Act [this part]. The notice furnished under this subsection is in lieu of notice that may otherwise be required under section 606(1) of such Act [29 U.S.C. 1166(1)] with respect to such individuals.”
Credits
1986–1996 · 5 acts
- 1986Pub. L. 93–406, title I, § 606, as added Pub. L. 99–272, title X, § 10002(a), , 100 Stat. 230
- 1986amended Pub. L. 99–509, title IX, § 9501(d)(2), , 100 Stat. 2077
- 1986Pub. L. 99–514, title XVIII, § 1895(d)(6)(B), , 100 Stat. 2939
- 1989Pub. L. 101–239, title VI, § 6703(c), title VII, § 7891(d)(1)(A), , 103 Stat. 2296, 2445
- 1996Pub. L. 104–191, title IV, § 421(b)(2), , 110 Stat. 2088.
Show as published
(Pub. L. 93–406, title I, § 606, as added Pub. L. 99–272, title X, § 10002(a), , 100 Stat. 230; amended Pub. L. 99–509, title IX, § 9501(d)(2), , 100 Stat. 2077; Pub. L. 99–514, title XVIII, § 1895(d)(6)(B), , 100 Stat. 2939; Pub. L. 101–239, title VI, § 6703(c), title VII, § 7891(d)(1)(A), , 103 Stat. 2296, 2445; Pub. L. 104–191, title IV, § 421(b)(2), , 110 Stat. 2088.)