republic-os/legal/us/code/title-26/chapter-100/section-9803.md

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LegalText	26 U.S.C. § 9803	Guaranteed renewability in multi­employer plans and certain multiple employer welfare arrangements	us	united_states_code	code_section	26	INTERNAL REVENUE CODE	100	GROUP HEALTH PLAN REQUIREMENTS	9803	26 U.S.C. § 9803	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip	/us/usc/t26/s9803	data/legal/raw/us/code/title-26/usc26.xml	c6853d7650be2b4ccc5d773c091a41d7b6f20a5a8c947b0a6aa6df65dd889aa5	a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4	0530e14d51bfd13b91abd2db0d43ae7edc9b6f077a75051f2a39d2310b29dc9b	2026-07-04	official	legal us-code

26 U.S.C. § 9803 - Guaranteed renewability in multi­employer plans and certain multiple employer welfare arrangements

Text

(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, § 401(a), Aug. 21, 1996, 110 Stat. 2079.)

Notes

Editorial Notes

References in TextSection 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.

Statutory Notes and Related Subsidiaries

Effective DateSection applicable to plan years beginning after June 30, 1997, see section 401(c) of Pub. L. 104–191, set out as a note under section 9801 of this title.