I 112th CONGRESS 1st Session H. R. 2088 IN THE HOUSE OF REPRESENTATIVES June 2, 2011 Mr. McDermott (for himself, Mr. Hanna, Ms. Hayworth, and Mr. Blumenauer) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the exclusion from gross income for employer-provided health coverage for employees’ spouses and dependent children to coverage provided to other eligible designated beneficiaries of employees.

1.

Short title

This Act may be cited as the Tax Parity for Health Plan Beneficiaries Act of 2011.

2.

Application of accident and health plans to eligible beneficiaries

(a)

Exclusion of contributions

Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: (g)

Coverage provided for eligible beneficiaries of employees

(1)

In general

Subsection (a) shall apply with respect to employer-provided coverage under an accident or health plan for any eligible beneficiary of the employee. (2)

Eligible beneficiary

For purposes of this subsection, the term eligible beneficiary means any individual who is eligible to receive benefits or coverage under an accident or health plan. . (b)

Exclusion of amounts expended for medical care

The first sentence of section 105(b) of such Code (relating to amounts expended for medical care) is amended— (1)by striking “and any child” and inserting “any child”, and (2)by inserting and any eligible beneficiary (within the meaning of section 106(g)) with respect to the taxpayer after age 27. (c)

Payroll taxes

(1)Section 3121(a)(2) of such Code is amended— (A)by striking or any of his dependents in the matter preceding subparagraph (A) and inserting , any of his dependents, or any eligible beneficiary (within the meaning of section 106(g)) with respect to the employee, (B)by striking or any of his dependents, in subparagraph (A) and inserting , any of his dependents, or any eligible beneficiary (within the meaning of section 106(g)) with respect to the employee,, and (C)by striking and their dependents both places it appears and inserting and such employees’ dependents and eligible beneficiaries (within the meaning of section 106(g)). (2)Section 3231(e)(1) of such Code is amended— (A)by striking or any of his dependents and inserting , any of his dependents, or any eligible beneficiary (within the meaning of section 106(g)) with respect to the employee,, and (B)by striking and their dependents both places it appears and inserting and such employees’ dependents and eligible beneficiaries (within the meaning of section 106(g)). (3)Section 3306(b)(2) of such Code is amended— (A)by striking or any of his dependents in the matter preceding subparagraph (A) and inserting , any of his dependents, or any eligible beneficiary (within the meaning of section 106(g)) with respect to the employee,, (B)by striking or any of his dependents in subparagraph (A) and inserting , any of his dependents, or any eligible beneficiary (within the meaning of section 106(g)) with respect to the employee, and (C)by striking “and their dependents” both places it appears and inserting and such employees’ dependents and eligible beneficiaries (within the meaning of section 106(g)). (4)Section 3401(a) of such Code is amended by striking or at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ; or, and by inserting after paragraph (23) the following new paragraph: (24)for any payment made to or for the benefit of an employee or any eligible beneficiary (within the meaning of section 106(g)) if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section 106 or under section 105 by reference in section 105(b) to section 106(g). . (d)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

3.

Expansion of dependency for purposes of deduction for health insurance costs of self-employed individuals

(a)

In general

Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a comma and by adding at the end the following new subparagraphs: (E)any individual who— (i)satisfies the age requirements of section 152(c)(3)(A), (ii)bears a relationship to the taxpayer described in section 152(d)(2)(H), and (iii)meets the requirements of section 152(d)(1)(C), and (F)one individual who— (i)is at least age 19, (ii)bears a relationship to the taxpayer described in section 152(d)(2)(H), and (iii)is not the spouse of the taxpayer and does not bear any relationship to the taxpayer described in subparagraphs (A) through (G) of section 152(d)(2). . (b)

Conforming amendment

Subparagraph (B) of section 162(l)(2) of such Code is amended by inserting , (E), or (F) after subparagraph (D). (c)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

4.

Extension to eligible beneficiaries of sick and accident benefits provided to members of a voluntary employees’ beneficiary association and their dependents

(a)

In general

Section 501(c)(9) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by inserting and any individual who is an eligible beneficiary (within the meaning of section 106(g)), as determined under the terms of a medical benefit, health insurance, or other program after age 27. (b)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

5.

Flexible spending arrangements and health reimbursement arrangements

The Secretary of Treasury shall issue guidance of general applicability within 180 days of enactment of this Act providing that medical expenses that otherwise qualify— (1)for reimbursement from a flexible spending arrangement under regulations in effect on the date of the enactment of this Act may be reimbursed from an employee’s flexible spending arrangement, notwithstanding the fact that such expenses are attributable to any individual who is not the employee’s spouse or dependent (within the meaning of section 105(b) of the Internal Revenue Code of 1986) but is an eligible beneficiary (within the meaning of section 106(g) of such Code) under the flexible spending arrangement with respect to the employee, and (2)for reimbursement from a health reimbursement arrangement under regulations in effect on the date of the enactment of this Act may be reimbursed from an employee’s health reimbursement arrangement, notwithstanding the fact that such expenses are attributable to an individual who is not a spouse or dependent (within the meaning of section 105(b) of such Code) but is an eligible beneficiary (within the meaning of section 106(g) of such Code) under the health reimbursement arrangement with respect to the employee.

6.

Extension of qualified medical expenses from health savings accounts

(a)

In general

Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 (relating to qualified medical expenses) is amended— (1)by striking and any dependent and inserting any dependent, and (2)by inserting , and any qualified beneficiary after thereof). (b)

Qualified beneficiary

Section 223(d)(2) of such Code is amended by inserting after subparagraph (C) the following new subparagraph: (D)

Qualified beneficiary

For purposes of subparagraph (A), the term qualified beneficiary means any individual who is described in subparagraph (D) or (E) of section 162(l)(1). . (c)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

7.

Extension of funding mechanism for medical benefits for retirees and their families

(a)

In general

Section 401(h) of the Internal Revenue Code of 1986 is amended by inserting , and any eligible beneficiary (within the meaning of section 106(g)) of the retired employee after age 27. (b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2011.