26 USC 9803 - Guaranteed renewability in multiemployer plans and certain multiple employer welfare arrangements

U.S Code last checked for updates: Nov 22, 2024

§ 9803.

Guaranteed renewability in multiemployer plans and certain multiple employer welfare arrangements

(a)

In general

A group health plan which is a multiemployer plan (as defined in section 414(f)) or which is a multiple employer welfare arrangement may not deny an employer continued access to the same or different coverage under such plan, other than—

(1)

for nonpayment of contributions;

(2)

for fraud or other intentional misrepresentation of material fact by the employer;

(3)

for noncompliance with material plan provisions;

(4)

because the plan is ceasing to offer any coverage in a geographic area;

(5)

in the case of a plan that offers benefits through a network plan, because there is no longer any individual enrolled through the employer who lives, resides, or works in the service area of the network plan and the plan applies this paragraph uniformly without regard to the claims experience of employers or a factor described in section 9802(a)(1) in relation to such individuals or their dependents; or

(6)

for failure to meet the terms of an applicable collective bargaining agreement, to renew a collective bargaining or other agreement requiring or authorizing contributions to the plan, or to employ employees covered by such an agreement.

(b)

Multiple employer welfare arrangement

(Added Pub. L. 104–191, title IV, § 401(a), Aug. 21, 1996, 110 Stat. 2079.)

cite as: 26 USC 9803