§ 218b. Notice to employees

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.

1. 1938

   Patient Protection and Affordable Care Act

   Pub. L. 111–148 title I § 1512 · 124 Stat. 119

   Enacted · 29 U.S.C. § 218b

   June 25, 1938, ch. 676, § 18B, as added and amended Pub. L. 111–148, title I, § 1512, title X, § 10108(i)(2), Mar. 23, 2010, 124 Stat. 252, 914

   Source evidence

   Code source credit
   June 25, 1938, ch. 676, § 18B, as added and amended Pub. L. 111–148, title I, § 1512, title X, § 10108(i)(2), Mar. 23, 2010, 124 Stat. 252, 914

   Enacted provision · exact public law section
   SEC. 1512. EMPLOYER REQUIREMENT TO INFORM EMPLOYEES OF COVERAGE OPTIONS.   The Fair Labor Standards Act of 1938 is amended by inserting after section 18A (as added by section 1513) the following: “SEC. 18B. NOTICE TO EMPLOYEES. “(a) In General.— Deadline. In accordance with regulations promulgated by the Secretary, an employer to which this Act applies, shall provide to each employee at the time of hiring (or with respect to current employees, not later than March 1, 2013), written notice— “(1) informing the employee of the existence of an Exchange, including a description of the services provided by such Exchange, and the manner in which the employee may contact the Exchange to request assistance; “(2) if the employer plan’s share of the total allowed costs of benefits provided under the plan is less than 60 percent of such costs, that the employee may be eligible for a premium tax credit under section 36B of the Internal Revenue Code of 1986 and a cost sharing reduction under section 1402 of the Patient Protection and Affordable Care Act if the employee purchases a qualified health plan through the Exchange; and “(3) if the employee purchases a qualified health plan through the Exchange, the employee will lose the employer contribution (if any) to any health benefits plan offered by the employer and that all or a portion of such contribution may be excludable from income for Federal income tax purposes. “(b) Effective Date.— Subsection (a) shall take effect with respect to employers in a State beginning on March 1, 2013.” .

   Effective date note
   Amendment by Pub. L. 112–10 effective as if included in the provisions of, and the amendments made by, the provisions of Pub. L. 111–148 to which it relates, see section 1858(d) of Pub. L. 112–10, set out as a note under section 36B of Title 26, Internal Revenue Code.

2. 2010

   Patient Protection and Affordable Care Act

   Pub. L. 111–148 § 10108(i)(2) · 124 Stat. 119

   1. Inserted · 29 U.S.C. § 218b(a)(3)

      Pub. L. 111–148, § 10108(i)(2), inserted “and the employer does not offer a free choice voucher” after “Exchange”

   2. Substituted · 29 U.S.C. § 218b(a)(3)

      Pub. L. 111–148, § 10108(i)(2), substituted “may lose” for “will lose”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 111–148, § 10108(i)(2), inserted “and the employer does not offer a free choice voucher” after “Exchange” and substituted “may lose” for “will lose”.

   Enacted provision · exact public law section
   (2) Notification requirement.— Section 18B(a)(3) of the Fair Labor Standards Act of 1938, 29 USC 218b. as added by section 1512, is amended— (A) by inserting “and the employer does not offer a free choice voucher” after “Exchange”; and (B) by striking “will lose” and inserting “may lose”.

   Effective date note
   Amendment by Pub. L. 112–10 effective as if included in the provisions of, and the amendments made by, the provisions of Pub. L. 111–148 to which it relates, see section 1858(d) of Pub. L. 112–10, set out as a note under section 36B of Title 26, Internal Revenue Code.

3. 2011

   Full-Year Continuing Appropriations Act, 2011

   Pub. L. 112–10 div. B title VIII § 1858(c) · 125 Stat. 169

   Struck · 29 U.S.C. § 218b(a)(3)

   Pub. L. 112–10 struck out “and the employer does not offer a free choice voucher” after “Exchange”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 112–10 struck out “and the employer does not offer a free choice voucher” after “Exchange”.

   Enacted provision · exact public law section
   (c) Other Conforming Change.— Section 18B(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218B) is 29 USC 218b. amended by striking “and the employer does not offer a free choice voucher”.

   Effective date note
   Amendment by Pub. L. 112–10 effective as if included in the provisions of, and the amendments made by, the provisions of Pub. L. 111–148 to which it relates, see section 1858(d) of Pub. L. 112–10, set out as a note under section 36B of Title 26, Internal Revenue Code.

4 of 4 references resolved to an enrolled provision