[106th Congress Public Law 244]
[From the U.S. Government Printing Office]
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[DOCID: f:publ244.106]
[[Page 114 STAT. 499]]
Public Law 106-244
106th Congress
An Act
To amend title I of the Employee Retirement Income Security Act of 1974
to provide for the preemption of State law in certain cases relating to
certain church plans. <<NOTE: July 10, 2000 - [S. 1309]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: 29 USC 1144a note.>> PURPOSE.
The purpose of this Act is only to clarify the application to a
church plan that is a welfare plan of State insurance laws that require
or solely relate to licensing, solvency, insolvency, or the status of
such plan as a single employer plan.
SEC. 2 CLARIFICATION <<NOTE: 29 USC 1144a.>> OF CHURCH WELFARE
PLAN STATUS UNDER STATE INSURANCE LAW.
(a) In General.--For purposes of determining the status of a church
plan that is a welfare plan under provisions of a State insurance law
described in subsection (b), such a church plan (and any trust under
such plan) shall be deemed to be a plan sponsored by a single employer
that reimburses costs from general church assets, or purchases insurance
coverage with general church assets, or both.
(b) State Insurance Law.--A State insurance law described in this
subsection is a law that--
(1) requires a church plan, or an organization described in
section 414(e)(3)(A) of the Internal Revenue Code of 1986 and
section 3(33)(C)(i) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002(33)(C)(i)) to the extent that it is
administering or funding such a plan, to be licensed; or
(2) relates solely to the solvency or insolvency of a church
plan (including participation in State guaranty funds and
associations).
(c) Definitions.--For purposes of this section:
(1) Church plan.--The term ``church plan'' has the meaning
given such term by section 414(e) of the Internal Revenue Code
of 1986 and section 3(33) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(33)).
(2) Reimburses costs from general church assets.--The term
``reimburses costs from general church assets'' means engaging
in an activity that is not the spreading of risk solely for the
purposes of the provisions of State insurance laws described in
subsection (b).
(3) Welfare plan.--The term ``welfare plan''--
[[Page 114 STAT. 500]]
(A) means any church plan to the extent that such
plan provides medical, surgical, or hospital care or
benefits, or benefits in the event of sickness,
accident, disability, death or unemployment, or vacation
benefits, apprenticeship or other training programs, or
day care centers, scholarship funds, or prepaid legal
services; and
(B) does not include any entity, such as a health
insurance issuer described in section 9832(b)(2) of the
Internal Revenue Code of 1986 or a health maintenance
organization described in section 9832(b)(3) of such
Code, or any other organization that does business with
the church plan or organization sponsoring or
maintaining such a plan.
(d) Enforcement Authority.--Notwithstanding any other provision of
this section, for purposes of enforcing provisions of State insurance
laws that apply to a church plan that is a welfare plan, the church plan
shall be subject to State enforcement as if the church plan were an
insurer licensed by the State.
(e) Application of Section.--Except as provided in subsection (d),
the application of this section is limited to determining the status of
a church plan that is a welfare plan under the provisions of State
insurance laws described in subsection (b). This section shall not
otherwise be construed to recharacterize the status, or modify or affect
the rights, of any plan participant or beneficiary, including
participants or beneficiaries who make plan contributions.
Approved July 10, 2000.
LEGISLATIVE HISTORY--S. 1309:
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CONGRESSIONAL RECORD:
Vol. 145 (1999):
Nov. 19, considered and passed
Senate.
Vol. 146 (2000):
June 26, considered and passed
House.
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