S.Amdt. 729

SA 729. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill H.R. 1628, to provide for reconciliation pursuant to
title II of the concurrent resolution on the budget for fiscal year
2017; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EXCEPTION FOR CERTAIN SMALL GROUP HEALTH PLANS.

(a) Internal Revenue Code.--Section 9831(a) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following flush sentence:
``A governmental plan shall be deemed to satisfy paragraph
(2) if such plan has 2 or more participants who are current
employees, and (A) such current employees retired from an
employer and were subsequently hired by a different employer,
and (B) such plan requires that participants be enrolled in
the Medicare program under part A of title XVIII of the
Social Security Act.''.
(b) ERISA.--Section 732(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1191a(a)) is amended
by adding at the end the following: ``A governmental plan
shall be deemed to satisfy this subsection if such plan has 2
or more participants who are current employees and (1) such
current employees retired from an employer and were
subsequently hired by a different employer, and (2) such plan
requires that participants be enrolled in the Medicare
program under part A of title XVIII of the Social Security
Act.''.
(c) Public Health Service Act.--Section 2722 of the Public
Health Service Act (42 U.S.C. 300gg-21) is amended by adding
at the end the following:
``(e) Exception for Certain Small Group Health Plans.--The
requirements of subparts 1 and 2 shall not apply with respect
to a group health plan for any plan year if, on the first day
of such plan year, such plan has less than 2 participants who
are current employees. A non-Federal governmental plan shall
be deemed to satisfy this subsection if such plan has 2 or
more participants who are current employees and--
``(1) such current employees retired from an employer and
were subsequently hired by a different employer; and
``(2) such plan requires that participants be enrolled in
the Medicare program under part A of title XVIII of the
Social Security Act.''.
______