[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 266 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 266

   To amend the Employee Retirement Income Security Act of 1974 with 
 respect to the preemption of the Hawaii Prepaid Health Care Act, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 24 (legislative day, January 10), 1995

   Mr. Akaka introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Employee Retirement Income Security Act of 1974 with 
 respect to the preemption of the Hawaii Prepaid Health Care Act, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PREEMPTION OF HAWAII PREPAID HEALTH CARE ACT.

    Section 514(b)(5) of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1144(b)(5)) is amended to read as follows:
            ``(5)(A) Except as provided in subparagraphs (B) and (C), 
        subsection (a) shall not apply to the Hawaii Prepaid Health 
        Care Act (Haw. Rev. Stat. Chapter 393, as amended) or any 
        insurance law of the State.
            ``(B) Nothing in subparagraph (A) shall be construed to 
        exempt from subsection (a) any State tax law relating to 
        employee benefits plans.
            ``(C) If the Secretary of Labor notifies the Governor of 
        the State of Hawaii that as the result of an amendment to the 
        Hawaii Prepaid Health Care Act enacted after the date of the 
        enactment of this paragraph--
                    ``(i) the proportion of the population with health 
                care coverage under such Act is less than such 
                proportion on such date, or
                    ``(ii) the level of benefit coverage provided under 
                such Act is less than the actuarial equivalent of such 
                level of coverage on such date,
        subparagraph (A) shall not apply with respect to the 
        application of such amendment to such Act after the date of 
        such notification.''.
                                 <all>