[Code of Federal Regulations]

[Title 29, Volume 9]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR2590.606-2]



[Page 666]

 

                             TITLE 29--LABOR

 

 CHAPTER XXV--EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF 

                                  LABOR

 

PART 2590_RULES AND REGULATIONS FOR GROUP HEALTH PLANS--Table of Contents

 

Subpart A_Continuation Coverage, Qualified Medical Child Support Orders, 

                      Coverage for Adopted Children

 

Sec.  2590.606-2  Notice requirement for employers.



    (a) General. Pursuant to section 606(a)(2) of the Employee 

Retirement Income Security Act of 1974, as amended (the Act), except as 

otherwise provided herein, the employer of a covered employee under a 

group health plan subject to the continuation coverage requirements of 

part 6 of title I of the Act shall provide, in accordance with this 

section, notice to the administrator of the plan of the occurrence of a 

qualifying event that is the covered employee's death, termination of 

employment (other than by reason of gross misconduct), reduction in 

hours of employment, Medicare entitlement, or a proceeding in a case 

under title 11, United States Code, with respect to the employer from 

whose employment the covered employee retired at any time.

    (b) Timing of notice. The notice required by this section shall be 

furnished to the administrator of the plan--

    (1) In the case of a plan that provides, with respect to a 

qualifying event, pursuant to section 607(5) of the Act, that 

continuation coverage and the applicable period for providing notice 

under section 606(a)(2) of the Act shall commence on the date of loss of 

coverage, not later than 30 days after the date on which a qualified 

beneficiary loses coverage under the plan due to the qualifying event;

    (2) In the case of a multiemployer plan that provides, pursuant to 

section 606(a)(2) of the Act, for a longer period of time within which 

employers may provide notice of a qualifying event, not later than the 

end of the period provided pursuant to the plan's terms for such notice; 

and

    (3) In all other cases, not later than 30 days after the date on 

which the qualifying event occurred.

    (c) Content of notice. The notice required by this section shall 

include sufficient information to enable the administrator to determine 

the plan, the covered employee, the qualifying event, and the date of 

the qualifying event.

    (d) Multiemployer plan special rules. This section shall not apply 

to any employer that maintains a multiemployer plan, with respect to 

qualifying events affecting coverage under such plan, if the plan 

provides, pursuant to section 606(b) of the Act, that the administrator 

shall determine whether such a qualifying event has occurred.

    (e) Applicability. This section shall apply to any notice obligation 

described in this section that arises on or after the first day of the 

first plan year beginning on or after November 26, 2004.



[69 FR 30097, May 26, 2004]