Public Law 119-73 (01/23/2026)

29 U.S.C. § 1166

Notice requirements

(a)

In general

In accordance with regulations prescribed by the Secretary—
(1)
the group health plan shall provide, at the time of commencement of coverage under the plan, written notice to each covered employee and spouse of the employee (if any) of the rights provided under this subsection,
(2)
section 1163 of this title the employer of an employee under a plan must notify the administrator of a qualifying event described in paragraph (1), (2), (4), or (6) of within 30 days (or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan) of the date of the qualifying event,
(3)
section 1163 of this title42 U.S.C. 401 each covered employee or qualified beneficiary is responsible for notifying the administrator of the occurrence of any qualifying event described in paragraph (3) or (5) of within 60 days after the date of the qualifying event and each qualified beneficiary who is determined, under title II or XVI of the Social Security Act [ et seq., 1381 et seq.], to have been disabled at any time during the first 60 days of continuation coverage under this part is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled, and
(4)
the administrator shall notify—
(A)
section 1163 of this title in the case of a qualifying event described in paragraph (1), (2), (4), or (6) of , any qualified beneficiary with respect to such event, and
(B)
section 1163 of this title in the case of a qualifying event described in paragraph (3) or (5) of where the covered employee notifies the administrator under paragraph (3), any qualified beneficiary with respect to such event,
of such beneficiary’s rights under this subsection.
(b)

Alternative means of compliance with requirements for notification of multiemployer plans by employers

section 1163 of this titleThe requirements of subsection (a)(2) shall be considered satisfied in the case of a multiemployer plan in connection with a qualifying event described in paragraph (2) of if the plan provides that the determination of the occurrence of such qualifying event will be made by the plan administrator.

(c)

Rules relating to notification of qualified beneficiaries by plan administrator

For purposes of subsection (a)(4), any notification shall be made within 14 days (or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan) of the date on which the administrator is notified under paragraph (2) or (3), whichever is applicable, and any such notification to an individual who is a qualified beneficiary as the spouse of the covered employee shall be treated as notification to all other qualified beneficiaries residing with such spouse at the time such notification is made.

Pub. L. 93–406, title I, § 606Pub. L. 99–272, title X, § 10002(a)100 Stat. 230Pub. L. 99–509, title IX, § 9501(d)(2)100 Stat. 2077Pub. L. 99–514, title XVIII, § 1895(d)(6)(B)100 Stat. 2939Pub. L. 101–239, title VI, § 6703(c)103 Stat. 2296Pub. L. 104–191, title IV, § 421(b)(2)110 Stat. 2088(, as added , , ; amended , , ; , , ; , title VII, § 7891(d)(1)(A), , , 2445; , , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of Title 42The Social Security Act, referred to in subsec. (a)(3), is , , as amended. Titles II and XVI of the Social Security Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.

Amendments

Pub. L. 104–191section 1163(2) of this title1996—Subsec. (a)(3). substituted “at any time during the first 60 days of continuation coverage under this part” for “at the time of a qualifying event described in ”.

Pub. L. 101–239, § 7891(d)(1)(A)(ii)1989—, designated first sentence as subsec. (a), added subsec. (b), designated second sentence as subsec. (c), and substituted “For purposes of subsection (a)(4)” for “For purposes of paragraph (4)”.

Pub. L. 101–239, § 7891(d)(1)(A)(i)(II), inserted in last sentence “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)” after “14 days”.

Pub. L. 101–239, § 7891(d)(1)(A)(i)(I), inserted “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)” after “30 days” in par. (2).

Pub. L. 101–239, § 6703(c)section 1163(2) of this title, inserted “and each qualified beneficiary who is determined, under title II or XVI of the Social Security Act, to have been disabled at the time of a qualifying event described in is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled” before comma in par. (3).

Pub. L. 99–5091986—Par. (2). substituted “(4), or (6)” for “or (4)”.

Pub. L. 99–514Par. (3). inserted “within 60 days after the date of the qualifying event”.

Pub. L. 99–509Par. (4)(A). substituted “(4), or (6)” for “or (4)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–191section 421(d) of Pub. L. 104–191section 4980B of Title 26Amendment by effective , regardless of whether qualifying event occurred before, on, or after such date, see set out as a note under , Internal Revenue Code.

Effective Date of 1989 Amendment

section 6703(c) of Pub. L. 101–239section 6703(d) of Pub. L. 101–239section 1162 of this titleAmendment by applicable to plan years beginning on or after , regardless of whether the qualifying event occurred before, on, or after such date, see , set out as a note under .

section 7891(d)(1)(A) of Pub. L. 101–239section 7891(d)(1)(C) of Pub. L. 101–239section 4980B of Title 26Amendment by applicable with respect to plan years beginning on or after , see , set out as a note under , Internal Revenue Code.

Effective Date of 1986 Amendments

Pub. L. 99–514section 1895(d)(6)(D) of Pub. L. 99–514section 162 of Title 26Amendment by applicable only with respect to qualifying events occurring after , see , set out as a note under , Internal Revenue Code.

Pub. L. 99–509Pub. L. 99–272section 9501(e) of Pub. L. 99–509section 162 of Title 26Amendment by effective, except as otherwise provided, as if included in title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, , see , set out as a note under .

Plan Amendments Not Required Until January 1, 1989

Pub. L. 99–514section 1140 of Pub. L. 99–514section 401 of Title 26For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of 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 , see , as amended, set out as a note under , Internal Revenue Code.

Notification to Covered Employees

Pub. L. 99–272, title X, § 10002(e)100 Stat. 232

section 1132 of this title29 U.S.C. 1167(1)29 U.S.C. 1166(1)“At the time that the amendments made by this section [enacting this part and amending ] apply to a group health plan (within the meaning of section 607(1) of the Employee Retirement Income Security Act of 1974 []), the plan shall notify each covered employee, and spouse of the employee (if any), who is covered under the plan at that time of the continuation coverage required under part 6 of subtitle B of title I of such Act [this part]. The notice furnished under this subsection is in lieu of notice that may otherwise be required under section 606(1) of such Act [] with respect to such individuals.”
, , , provided that: