
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC9803]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
               Subtitle K--Group Health Plan Requirements
 
               CHAPTER 100--GROUP HEALTH PLAN REQUIREMENTS
 
    Subchapter A--Requirements Relating to Portability, Access, and 
                              Renewability
 
Sec. 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

    For purposes of subsection (a), the term ``multiple employer welfare 
arrangement'' has the meaning given such term by section 3(40) of the 
Employee Retirement Income Security Act of 1974, as in effect on the 
date of the enactment of this section.

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

                       References in Text

    Section 3(40) of the Employee Retirement Income Security Act of 
1974, referred to in subsec. (b), is classified to section 1002(40) of 
Title 29, Labor.
    The date of the enactment of this section, referred to in subsec. 
(b), is the date of enactment of Pub. L. 104-191, which was approved 
Aug. 21, 1996.

                  Section Referred to in Other Sections

    This section is referred to in section 4980D of this title.
