[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 77 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                 H. R. 77

To provide for a credit for certain health care benefits in determining 
                           the minimum wage.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

   Mr. Issa introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To provide for a credit for certain health care benefits in determining 
                           the minimum wage.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Incentive Act''.

SEC. 2. MINIMUM WAGE CREDIT FOR HEALTH CARE BENEFITS PROVIDED TO 
              EMPLOYEES.

    (a) Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Labor shall promulgate a rule 
requiring that, for any employer engaged in interstate commerce that is 
required by Federal or State law to pay a minimum wage at a rate that 
is higher than the minimum wage required by section 6(a) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206(a)) as in effect on 
September 1, 1997, such employer be permitted, in accordance with 
regulations promulgated by the Secretary, to include the value of 
creditable health care benefits provided by such employer to an 
employee in determining the wage such employer is required to pay an 
employee. Such rule shall include the following:
            (1) Creditable benefits.--The Secretary shall define the 
        categories of health care benefits provided by an employer to 
        employees to be considered creditable for purpose of this 
        section, which shall include a contribution to a health savings 
        account or similar account.
            (2) Valuation.--The Secretary shall establish a method for 
        determining the value of such health care benefits for purposes 
        of such credit.
            (3) Required minimum value.--The Secretary shall determine 
        a minimum value of such benefits that an employer shall provide 
        to an employee in order to include any portion of such benefits 
        as such a credit.
            (4) Minimum cash wage notwithstanding credit.--In no case 
        shall the credit permitted by the rule promulgated under this 
        section exceed the difference between the minimum wage under 
        section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        206(a)) as in effect September 1, 1997, and the wage rate 
        otherwise applicable.
    (b) Definitions.--For purposes of the rule required under this 
section, the terms ``employer'', ``employee'', and ``wage'' shall have 
the meanings given such terms in section 3 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203).
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