
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300bb-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
 SUBCHAPTER XX--REQUIREMENTS FOR CERTAIN GROUP HEALTH PLANS FOR CERTAIN 
                        STATE AND LOCAL EMPLOYEES
 
Sec. 300bb-5. Election

    For purposes of this subchapter--

                         (1) Election period

        The term ``election period'' means the period which--
            (A) begins not later than the date on which coverage 
        terminates under the plan by reason of a qualifying event,
            (B) is of at least 60 days' duration, and
            (C) ends not earlier than 60 days after the later of--
                (i) the date described in subparagraph (A), or
                (ii) in the case of any qualified beneficiary who 
            receives notice under section 300bb-6(4) of this title, the 
            date of such notice.

            (2) Effect of election on other beneficiaries

        Except as otherwise specified in an election, any election of 
    continuation coverage by a qualified beneficiary described in 
    subparagraph (A)(i) or (B) of section 300bb-8(3) of this title shall 
    be deemed to include an election of continuation coverage on behalf 
    of any other qualified beneficiary who would lose coverage under the 
    plan by reason of the qualifying event. If there is a choice among 
    types of coverage under the plan, each qualified beneficiary is 
    entitled to make a separate selection among such types of coverage.

(July 1, 1944, ch. 373, title XXII, Sec. 2205, as added Pub. L. 99-272, 
title X, Sec. 10003(a), Apr. 7, 1986, 100 Stat. 235; amended Pub. L. 99-
514, title XVIII, Sec. 1895(d)(5)(C), Oct. 22, 1986, 100 Stat. 2939.)


                               Amendments

    1986--Par. (2). Pub. L. 99-514 inserted ``of continuation coverage'' 
after ``any election'' and inserted at end ``If there is a choice among 
types of coverage under the plan, each qualified beneficiary is entitled 
to make a separate selection among such types of coverage.''.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-514 effective, except as otherwise provided, 
as if included in enactment of the Consolidated Omnibus Budget 
Reconciliation Act of 1985, Pub. L. 99-272, see section 1895(e) of Pub. 
L. 99-514, set out as a note under section 162 of Title 26, Internal 
Revenue Code.


           Plan Amendments Not Required Until January 1, 1989

    For provisions directing that if any amendments made by subtitle A 
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title XVIII 
[Secs. 1800-1899A] of Pub. L. 99-514 require an amendment to any plan, 
such plan amendment shall not be required to be made before the first 
plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. 
L. 99-514, as amended, set out as a note under section 401 of Title 26, 
Internal Revenue Code.
