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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 300gg16 Prohibition on discrimination in favor of highly compensated individuals us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 300gg16 42 U.S.C. § 300gg16 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s300gg16 data/legal/raw/us/code/title-42/usc42.xml 8a098f090d928c34d26d37274f8fd009e3b5581df220e3d52996354561822fe4 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e e0e0a624b1eb94408f6898b7d02add5dce1dc575a53a9a7b248a0d6cb827fd3f 2026-07-04 official
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42 U.S.C. § 300gg16 - Prohibition on discrimination in favor of highly compensated individuals

Text

(a) In general A group health plan (other than a self-insured plan) shall satisfy the requirements of section 105(h)(2) of title 26 (relating to prohibition on discrimination in favor of highly compensated individuals).

(b) Rules and definitions For purposes of this section—

(1) Certain rules to apply Rules similar to the rules contained in paragraphs (3), (4), and (8) of section 105(h) of title 26 shall apply.

(2) Highly compensated individual The term “highly compensated individual” has the meaning given such term by section 105(h)(5) of title 26.

(July 1, 1944, ch. 373, title XXVII, § 2716, as added and amended Pub. L. 111148, title I, § 1001(5), title X, § 10101(d), Mar. 23, 2010, 124 Stat. 135, 884.)

Notes

Editorial Notes

Amendments2010—Pub. L. 111148, § 10101(d), amended section generally. Prior to amendment, text read as follows: “(a) In General.—The plan sponsor of a group health plan (other than a self-insured plan) may not establish rules relating to the health insurance coverage eligibility (including continued eligibility) of any full-time employee under the terms of the plan that are based on the total hourly or annual salary of the employee or otherwise establish eligibility rules that have the effect of discriminating in favor of higher wage employees. “(b) Limitation.—Subsection (a) shall not be construed to prohibit a plan sponsor from establishing contribution requirements for enrollment in the plan or coverage that provide for the payment by employees with lower hourly or annual compensation of a lower dollar or percentage contribution than the payment required of similarly situated employees with a higher hourly or annual compensation.”

Statutory Notes and Related Subsidiaries

Effective DateSection effective for plan years beginning on or after the date that is 6 months after Mar. 23, 2010, see section 1004 of Pub. L. 111148, set out as a note under section 300gg11 of this title.