,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bdbe  ,,in ,,the ,,house ,,of  
,,representatives  ,june #ah1 #bjac ,mr4
 ,tierney 7for himself1 ,mr4 ,george    
,miller of ,california1 ,mr4 ,andrews1  
and ,mr4 ,jones7 introduced the         
following bill2 which was referred to   
the ,committee on ,education and the    
,workforce  ,a ,,bill  ,to amend title  
,i of the ,employee ,retirement ,income 
,security ,act of #aigd to provide      
protection for company-provided retiree 
health benefits4  #a4 ,short title ,this
 ,act may be cited as the ,earned       
,retiree ,healthcare ,benefits          
,protection ,act of #bjac4  #b4         
,findings and purposes  7a7 ,findings   
,the ,congress finds the following3     
7#a7 ,retired participants of group     
health plans regulated by the ,employee 
,retirement ,income ,security ,act of   
#aigd 7,,erisa7 have been severely      
harmed by the virtually unchecked       
practices of sponsors of such plans     
involving the post-retirement           

cancellation or reduction of earned     
health benefits contrary to assurances  
retirees received prior to retirement   
that such benefits would be with them   
for life4  7#b7 ,such widespread        
post-retirement reductions in retiree   
health benefits has led to a crisis in  
retiree health care in which retirees-- 
7,a7 have been unable to substitute     
individual coverage for the group       
coverage they lost1 or1 in order to     
obtain individual coverage1 have        
jeopardized their economic security in  
retirement2  7,b7 because of preexisting
 medical conditions cannot obtain       
substitute coverage that they can afford
 without depleting their life savings or
 have been unable to obtain adequate    
medical care or medical care they had   
relied on to deal with serious illness2 
7,c7 have sustained catastrophic        
illnesses or injuries or otherwise      
experienced a marked deterioration in   
their medical conditions or health as a 
result of post-retirement changes to    

their medical benefits2  7,d7 have been 
transferred indiscriminately into       
improperly or inadequately managed      
health maintenance organizations or     
other managed care entities1 resulting  
in the worsening rather than improvement
 of prior medical conditions2 and  7,e7 
in many instances1 have failed to obtain
 adequate relief in the courts due to   
highly restrictive judicial             
interpretations which are inconsistent  
with ,,erisa's underlying protective    
purposes4  7#c7 ,the crisis in retiree  
healthcare generated by the plan sponsor
 practice of post-retirement            
cancellations or reductions of          
previously promised earned retiree      
health benefits has led to a widespread 
loss of confidence in the integrity of  
,,erisa-regulated group health plans and
 the ability of ,,erisa itself to       
adequately protect retiree health       
benefits4  7#d7 ,a strong and dependable
 private sector retiree health system is
 a necessary component to the essential 

health of our ,nation's senior citizens4
  7b7 ,purposes  7#a7 ,in general ,the  
purposes of this ,act are to ensure that
 the reasonable health benefit          
expectations of retirees from           
,,erisa-regulated group health plans are
 fulfilled1 to minimize the incidence of
 prolonged legal disputes arising out of
 the post-retirement cancellation or    
reduction of earned retiree health      
benefits from such plans1 and to prevent
 further adverse effects on retiree     
health arising from such post-retirement
 changes4  7#b7 ,future safeguards and  
enforceable obligations ,to carry out   
the purposes described in paragraph     
7#a73  7,a7 ,the provisions of this ,act
 safeguard retired participants of group
 health plans subject to ,,erisa from   
loss or reduction of their health       
benefits from such plans by barring plan
 sponsors from canceling or reducing    
such benefits after the dates such      
participants retire and when they no    
longer are able to absorb such losses or

 reductions without experiencing adverse
 effects on their health or finances4   
7,b7 ,the provisions of this ,act also  
establish an enforceable obligation on  
the part of sponsors of such group      
health plans to restore health benefits 
previously taken away from retired      
participants of such plans to the extent
 such benefits were cancelled or altered
 after the dates such participants      
retired4 ,the obligation is limited to  
restoring healthcare benefits only back 
to specified levels1 and the obligation 
does not apply if the plan sponsor would
 sustain substantial business hardship  
by restoring such benefits4  #c4        
,retiree health benefit protections in  
group health plans  7a7 ,in general     
,subtitle ,b of title ,i of the         
,employee ,retirement ,income ,security 
,act of #aigd is amended by adding at   
the end the following new part3  #h     
,emergency retiree health benefit       
protections  #hja4 ,prohibition against 
post-retirement reductions of retiree   

health benefits by group health plans   
7a7 ,in general ,notwithstanding that a 
group health plan described in          
subsection 7b7 may contain a provision  
reserving the general power to amend or 
terminate the plan or a provision       
specifically authorizing the plan to    
make post-retirement reductions in      
retiree health benefits1 the benefits   
provided to a retired participant or his
 or her beneficiary under the terms of  
the plan may not be reduced1 whether    
through amendment or otherwise1 if such 
reduction of benefits occurs after the  
date the participant has retired for    
purposes of the plan and reduces        
benefits that were provided to the      
participant1 or his or her beneficiary1 
as of the date the participant retired4 
,any group health plan provision which  
is purported to authorize the reduction 
of benefits in a manner inconsistent    
with the preceding sentence shall be    
void as against public policy4  7b7     
,group health plan ,for purposes of this

 part1 the term group health plan has   
the same meaning as in section #fjg7a74 
7c7 ,prohibited reduction of benefits   
,for purposes of this part1 any         
reference to a reduction of benefits    
shall be construed to be a reference to 
any amendment to a group health plan1 or
 to any other action1 which has the     
effect of--  7#a7 canceling1 decreasing1
 or limiting the amount1 type1 or form  
of any benefit or option provided prior 
to the amendment or action2  7#b7       
imposing or increasing out-of-pocket    
costs that a retired participant1 or his
 or her beneficiary1 must pay in order  
for benefits that were provided under   
the plan to the participant or          
beneficiary prior to the amendment or   
action to be provided to the participant
 or beneficiary after the amendment or  
action2 or  7#c7 modifying the manner by
 which medical services are delivered   
under the plan so that after the        
amendment or action a retired           
participant1 or his or her beneficiary1 

has less ready access to the delivery of
 any such medical services than the     
participant or beneficiary had prior to 
the amendment or action4  7d7 ,treatment
 of plan termination  7#a7 ,in general  
,subject to paragraph 7#b71 a           
termination of a group health plan shall
 be treated as a reduction in benefits  
prohibited under subsection 7a7 if1     
after the termination1 the plan sponsor 
of the terminated plan fails to continue
 to provide to the participants who     
retired prior to the termination and to 
their beneficiaries the same retiree    
health benefits that were provided prior
 to the termination4  7#b7 ,waiver      
,paragraph 7#a7 shall not apply in the  
case of the termination of a group      
health plan if the ,secretary issues a  
waiver under this paragraph in          
connection with such termination4 ,the  
,secretary shall issue such a waiver if 
and only if the plan sponsor            
demonstrates to the satisfaction of the 
,secretary1 in accordance with          

regulations prescribed by the           
,secretary1 that such plan sponsor will 
be unable to continue in business unless
 such a waiver is issued4  #hjb4        
,adoption by group health plans of      
provision barring post-retirement       
reductions in retiree health benefits   
,each group health plan which provides1 
as of the date of a participant's       
retirement under the plan1 benefits     
after such date with respect to such    
participant or his or her beneficiaries 
shall contain a provision which         
expressly bars any reduction in such    
benefits after such date1 either under  
the terms of the plan or by any         
fiduciary of the plan4  #hjc4           
,restoration by group health plans of   
benefits reduced after retirement  7a7  
,in general ,the plan sponsor of each   
group health plan shall provide1 in     
accordance with this section1 benefit   
restoration under this section to each  
retired participant that meets the      
following requirements3  7#a7 ,the      

retired participant is entitled to      
benefit coverage under the plan as of   
the date of the enactment of the ,earned
 ,retiree ,healthcare ,benefits         
,protection ,act of #bjac4  7#b7 ,the   
participant retired under the plan      
before the date of the enactment of such
 ,act1 and a reduction in benefits1 with
 respect to any benefit or option       
provided to the retired participant     
under the plan as of the date the       
participant retired1 took effect after  
the participant's date of retirement and
 before the date of the enactment of    
such ,act4  7#c7 ,the retired           
participant has elected to restore      
benefits under the plan within the      
restoration period prescribed pursuant  
to subsection 7b7 and in accordance with
 such procedures as may be established  
under the plan pursuant to regulations  
of the ,secretary4  7b7 ,restoration    
period ,for purposes of this section1   
the term restoration period means a     
period which shall be prescribed by the 

,secretary and which--  7#a7 begins not 
later than #a year after the date of the
 enactment of the ,earned ,retiree      
,healthcare ,benefits ,protection ,act  
of #bjac2  7#b7 ends before the end of  
the #b-year period beginning with such  
date1 or such longer period as may      
result from a suspension of such #b-year
 period by the ,secretary pursuant to   
section #hjd7;g72 and  7#c7 is of no    
less than #fj days duration4  7c7       
,applicable standards for restoration of
 benefits  7#a7 ,in general ,for        
purposes of this section1 reduced       
benefits shall be deemed restored under 
this section--  7,a7 in the case of a   
participant who retired under the plan  
before the plan year beginning with or  
during #aiia1 if the benefits which were
 subjected to reduction are restored to 
the level of such benefits which was in 
effect for the plan year beginning with 
or during #aiia2 and  7,b7 in the case  
of a participant who retired under the  
plan after the plan year beginning with 

or during #aiij and before the date of  
the enactment of the ,earned ,retiree   
,healthcare ,benefits ,protection ,act  
of #bjac1 if the benefits which were    
subjected to reduction are restored to  
the level of such benefits which was in 
effect immediately prior to the         
reduction4  7#b7 ,level of benefits ,for
 purposes of paragraph 7#a71 restoration
 of benefits to a level required under  
paragraph 7#a7 occurs if--  7,a7 any    
cancellation1 decrease1 or limitation   
with respect to the amount1 type1 or    
form of any benefit or option which     
resulted in the reduction in benefits is
 rescinded or lessened so as to result  
in the amount1 type1 and form of        
benefits in effect for the plan year    
beginning with or during #aiia 7in the  
case of a participant described in      
paragraph 7#a77;,a77 or as of           
immediately prior to the reduction 7in  
the case of a participant described in  
paragraph 7#a77;,b772  7,b7 any         
imposition or increase in out-of-pocket 

costs that the participant1 or his or   
her beneficiary1 must pay which resulted
 in the reduction in benefits is        
rescinded or lessened so as to result in
 the level of out-of-pocket costs in    
effect for the plan year beginning with 
or during #aiia 7in the case of a       
participant described in paragraph      
7#a77;,a77 or as of immediately prior to
 the reduction 7in the case of a        
participant described in paragraph      
7#a77;,b772 and  7,c7 any modification  
in the manner by which medical services 
are delivered under the plan which      
resulted in the reduction in benefits is
 rescinded or amended so as to result in
 a manner by which medical services are 
delivered under the plan which is       
substantially equivalent to the manner  
by which medical services are delivered 
in effect for the plan year beginning   
with or during #aiia 7in the case of a  
participant described in paragraph      
7#a77;,a77 or as of immediately prior to
 the reduction 7in the case of a        

participant described in paragraph      
7#a77;,b774  7d7 ,exception for certain 
plans ,in accordance with regulations   
prescribed by the ,secretary1 in the    
case of any group health plan which has 
less than #ajj participants as of the   
date of the enactment of the ,earned    
,retiree ,healthcare ,benefits          
,protection ,act of #bjac1 subsection   
7a7 shall apply to such plan only if1 at
 any time during the period described in
 subsection 7b77#b7 7including any      
extension thereof71 such plan has more  
than #ajj participants4  7e7 ,notice    
requirements concerning restoration of  
benefits ,in accordance with such       
regulations as may be prescribed by the 
,secretary1 the plan administrator of   
each group health plan subject to the   
requirements of subsection 7a7 shall1   
within #cj days prior to the            
commencement of the plan's restoration  
period1 provide written notice to each  
retired participant of the plan who     
meets the requirements of subsection 7a7

 of the following3  7#a7 ,a description 
of all benefits the retired participant 
is entitled to have restored4  7#b7 ,the
 administrative procedure established   
under the plan which may be used to     
submit a claim for the restoration of   
any benefits4  7#c7 ,an itemization of  
the value of each benefit the retired   
participant is entitled to have         
restored1 as determined in accordance   
with the regulations of the ,secretary1 
and the total value of all such         
benefits4  7#d7 ,a description of any   
post-retirement increases in retiree    
health benefits the retired participant 
received which the plan sponsor could   
rescind if the retired participant      
asserts a claim for the restoration of  
benefits4  7#e7 ,an itemization of the  
value of each retiree health benefit    
that the plan sponsor could rescind1 as 
determined in accordance with the       
regulations of the ,secretary1 and the  
total value of all such benefits4  7#f7 
,if the plan sponsor has filed an       

application for a substantial business  
hardship exemption under section #hjd1  
the date on which such application was  
filed1 the date on which notice of such 
application was given to retired        
participants entitled to submit a claim 
for the restoration of benefits1 and the
 status of such application as of the   
date of the notice sent pursuant to this
 subsection4  7#g7 ,such other          
information in such form and detail as  
may be prescribed by the ,secretary to  
carry out the purposes of this part4    
7f7 ,deadline for restoration of        
benefits ,all benefits required to be   
restored under this section shall be    
restored before the end of the #b-year  
period beginning with the date of the   
enactment of the ,earned ,retiree       
,healthcare ,benefits ,protection ,act  
of #bjac1 subject to any suspension of  
such period under section #hjd7;g74     
#hjd4 ,exemption from restoration of    
benefits requirements  7a7 ,application 
for exemption ,any plan sponsor of a    

group health plan that would sustain    
substantial business hardship if        
required to fulfill1 in whole or in     
part1 the restoration of benefits       
requirements contained in section #hjc1 
may file an application for an exemption
 with the ,secretary from any or all of 
such requirements4  7b7 ,authority for  
waiver or variance ,in response to an   
application filed by a plan sponsor     
pursuant to subsection 7a71 the         
,secretary may waive or vary the        
requirements of section #hjc with       
respect to any or all of such           
requirements1 including postponing for  
reasonable periods of time the          
obligation of the plan sponsor to       
restore reduced benefits1 if the        
,secretary finds that compliance by the 
plan sponsor with the requirements of   
section #hjc would--  7#a7 be adverse to
 the interests of plan participants in  
the aggregate2  7#b7 not be             
administratively feasible2 and  7#c7    
cause substantial business hardship to  

the plan sponsor4  7c7 ,factors taken   
into account ,for purposes of this      
section1 the factors to be taken into   
account in determining substantial      
business hardship shall include 7but    
shall not be limited to7 whether--  7#a7
 the plan sponsor is operating at an    
economic loss2  7#b7 compliance with the
 restoration of benefits requirements   
would necessitate substantial future    
reductions in health benefits provided  
to participants under the plan or cause 
a substantial decline in employment with
 the plan sponsor2 and  7#c7 it is      
reasonable to expect that the plan will 
be continued only if a waiver or        
appropriate variance is granted4  7d7   
,requirement of satisfactory evidence   
7#a7 ,in general ,the ,secretary shall1 
before granting a waiver or variance    
under this section1 require each        
applicant to provide evidence           
satisfactory to the ,secretary that the 
applicant has provided timely written   
notice of the filing of an application  

for such waiver or variance to each     
retired participant entitled to submit a
 claim for the restoration of benefits  
under the applicant's plan4  7#b7       
,timeliness ,for purposes of paragraph  
7#a71 a written notice shall be         
considered timely if it is provided not 
later than #fj days prior to the date   
the plan sponsor files an application   
for a waiver or variance under this     
section4  7#c7 ,information required    
,the notice referred to in paragraph    
7#a7 shall include information with     
respect to the specific relief that will
 be sought by the plan sponsor's        
application1 the period of time for     
which relief is sought1 and such other  
relevant information as the ,secretary  
may prescribe4  7e7 ,participation in   
proceedings by retired plan participants
 ,each retired participant entitled to  
submit a claim for the restoration of   
benefits within the meaning of this     
section shall be provided a reasonable  
opportunity to submit comments or       

otherwise participate in any proceeding 
established by the ,secretary to        
determine whether to grant or deny an   
application for a waiver or variance    
filed by the retired participant's plan 
sponsor4  7f7 ,exceptions for certain   
applications ,in any case in which the  
plan sponsor of the group health plan   
also maintains a pension plan which     
provides pension benefits with respect  
to any retired participant entitled to  
submit a claim for the restoration of   
benefits within the meaning of this     
section1 the ,secretary may not grant   
any application for a waiver or variance
 purporting to satisfy the requirements 
of subsection 7b7 if the requirements of
 paragraph 7#a7 or 7#b7 of this         
subsection are met4  7#a7 ,failure to   
transfer excess pension assets ,the     
requirements of this paragraph are met  
if--  7,a7 within the #e-year period    
preceding the date of the plan sponsor's
 application for the waiver or variance1
 the plan sponsor could have transferred

 excess assets of such pension plan to a
 health benefits account in accordance  
with section #dbj of the ,internal      
,revenue ,code of #aihf 7as in effect on
 the date of the enactment of the ,tax  
,relief ,extension ,act of #aiii7 but   
did not do so2 and  7,b7 such health    
benefits account forms a part of the    
group health plan with respect to which 
the plan sponsor is submitting the      
application4  7#b7 ,no ad hoc ,c,o,l,as 
provided under well-funded pension plan 
providing for such ,c,o,l,as  7,a7 ,in  
general ,the requirements of this       
paragraph are met if--  7i7 7,i7 no     
employer contributions were made to such
 pension plan during any of the #e plan 
years preceding the date of the         
application for the waiver or variance2 
and  7,,ii7 despite such lack of        
employer contributions1 the minimum     
funding standard under section #cjb of  
this ,act and section #dab of the       
,internal ,revenue ,code of #aihf was   
satisfied with respect to such pension  

plan for each of such #e plan years and 
the average funded ratio of the plan for
 such #e plan years was greater than    
#abj percent2 and  7ii7 7,i7 the pension
 plan provided for ad hoc cost-of-living
 adjustments in benefits throughout such
 #e plan years2 and  7,,ii7 no such ad  
hoc cost-of-living adjustment in        
benefits was provided under such pension
 plan during such #e plan years4  7,b7  
,funded ratio ,for purposes of          
subparagraph 7,a77i77,,ii71 the funded  
ratio of a pension plan for a plan year 
is the ratio1 expressed as a percentage1
 of--  7i7 the assets of the plan as of 
the end of such plan year2 to  7ii7 the 
liabilities of the plan as of the end of
 such plan year4  7g7 ,running of       
#b-,year deadline period suspended ,the 
submission of an application for a      
waiver or variance pursuant to this     
section during the #b-year period       
referred to in section #hjc7;f7 shall   
suspend the running of such period4 ,if 
determined appropriate by the           

,secretary1 the ,secretary may direct   
that the running of such period be      
resumed upon the final conclusion of    
proceedings to determine whether an     
application should be granted or denied4
  #hje4 ,establishment of emergency     
retiree health loan guarantee program   
7a7 ,definitions ,for purposes of this  
section--  7#a7 ,board ,the term ,board 
means the ,emergency ,retiree ,health   
,loan ,guarantee ,board established     
under subsection 7c74  7#b7 ,program    
,the term ,program means the ,emergency 
,retiree ,health ,loan ,guarantee       
,program established under subsection   
7b74  7#c7 ,eligible plan sponsor ,the  
term eligible plan sponsor means any    
plan sponsor as defined in section      
#c7af77;,b7 that maintains a group      
health plan subject to the retiree      
health benefits restoration requirements
 of section #hjc4  7b7 ,establishment of
 emergency retiree health loan guarantee
 program ,there is established the      
,retiree ,health ,loan ,guarantee       

,program1 to be administered by the     
,board1 the purpose of which is to      
provide loan guarantees to eligible plan
 sponsors in accordance with this       
section4  7c7 ,retiree health loan      
guarantee board membership ,there is    
established a ,retiree ,health ,loan    
,guarantee ,board1 which shall be       
composed of--  7#a7 the ,secretary of   
,labor1 who shall serve as ,chairman of 
the ,board2  7#b7 the ,secretary of     
,commerce2  7#c7 the ,secretary of the  
,treasury2  7#d7 the ,secretary of      
,health and ,human ,services2 and  7#e7 
the ,chairman of the ,council of        
,economic ,advisers4  7d7 ,retiree      
health loan guarantee program  7#a7     
,authority ,the ,program may guarantee  
loans provided by private banking and   
investment institutions to eligible plan
 sponsors for purposes of assisting such
 plan sponsors to meet their obligations
 under section #hjc4 ,such loan         
guarantees shall be provided to the     
extent provided in advance in           

appropriation ,acts pursuant to         
paragraph 7#d7 and only in accordance   
with the procedures1 rules1 and         
regulations established by the ,board4  
7#b7 ,total guarantee limit ,the        
aggregate amount of loans guaranteed and
 outstanding at any time under this     
section may not exceed #e1jjj1jjj1jjj4  
7#c7 ,individual guarantee limit ,the   
aggregate amount of loans guaranteed    
under this section with respect to a    
single eligible plan sponsor may not    
exceed #e1jjj1jjj4  7#d7 ,additional    
costs ,for the additional cost of loans 
guaranteed under this subsection1       
including the costs of modifying the    
loans1 as defined in section #ejb of the
 ,congressional ,budget ,act of #aigd   
7#b ,u4,s4,c4 #ffa;a71 there is         
authorized to be appropriated           
#bjj1jjj1jjj1 to remain available until 
expended4  7e7 ,requirements for loan   
guarantees ,a loan guarantee may be     
issued under this section upon          
application to the ,board by an eligible

 plan sponsor pursuant to an agreement  
to provide a loan to that eligible plan 
sponsor by a private bank or investment 
company1 if the ,board determines that--
  7#a7 credit is not otherwise available
 to that eligible plan sponsor under    
reasonable terms and conditions         
sufficient to meet its financing needs  
with respect to the restoration of      
retiree health benefits1 as reflected in
 the financial and business plans of    
that eligible plan sponsor2  7#b7 the   
prospective earning power of that       
eligible plan sponsor1 together with the
 character and value of the security    
pledged1 furnish reasonable assurance of
 repayment of the loan to be guaranteed 
in accordance with its terms2  7#c7 the 
loan to be guaranteed bears interest at 
a rate determined by the ,board to be   
reasonable1 taking into account the     
current average yield on outstanding    
obligations of the ,united ,states with 
remaining periods of maturity comparable
 to the maturity of such loan2  7#d7 the

 loan to be guaranteed will materially  
assist that eligible plan sponsor to    
discharge its obligation to comply with 
the restoration of benefits requirements
 contained in section #hjc2 and  7#e7   
the eligible plan sponsor has agreed to 
an audit by the ,government             
,accountability ,office prior to the    
issuance of the loan guarantee and      
annually while any such guaranteed loan 
is outstanding4  7f7 ,terms and         
conditions of loan guarantee  7#a7 ,loan
 duration ,all loans guaranteed under   
this section shall be payable in full   
not later than ,december #ca1 #bjba1 and
 the terms and conditions of each such  
loan shall provide that the loan may not
 be amended or any provision thereof    
waived without the consent of the       
,board4  7#b7 ,loan security ,any       
commitment to issue a loan guarantee    
under this section shall contain such   
affirmative and negative covenants and  
other protective provisions that the    
,board determines are appropriate4  7#c7

 ,fees ,an eligible plan sponsor        
receiving a guarantee under this section
 shall pay a fee in an amount equal to  
#j4e percent of the outstanding         
principal balance of the guaranteed loan
 to the ,department of the ,treasury4   
7g7 ,reports to congress ,the ,secretary
 of ,labor shall submit annually to each
 ,house of the ,congress a full report  
of the activities of the ,board under   
this section during #bjad and #bjae1 and
 annually thereafter during such period 
as any loan guaranteed under this       
section is outstanding4 ,such report    
shall be submitted not later than       
,january #ca of each year 7beginning in 
#bjad74  7h7 ,salaries and              
administrative expenses ,for necessary  
expenses to administer the ,program1    
there is authorized to be appropriated  
to the ,department of ,labor 7and to be 
transferred to the ,office of the       
,assistant ,secretary for ,pension and  
,welfare ,benefits ,administration7     
#aj1jjj1jjj1 to remain available until  

expended4  7i7 ,termination of guarantee
 authority ,the authority of the ,board 
to make commitments to guarantee any    
loan under this section shall terminate 
on ,december #ca1 #bjai4  7j7           
,regulatory action ,the ,board shall    
issue such final procedures1 rules1 and 
regulations as may be necessary to carry
 out this section not later than #ij    
days after the date of enactment of the 
,earned ,retiree ,healthcare ,benefits  
,protection ,act of #bjac4 ,in no event 
shall the ,board issue a procedure1     
rule1 or regulation which authorizes it 
to approve or deny any application for a
 loan guarantee in more than #bgj days  
after receipt of such application4      
#hjf4 ,effect on other claims  7a7      
,other claims unaffected ,nothing in    
this part shall be construed to alter1  
impair1 or eliminate any claim for      
retiree health benefits based on conduct
 alleged to violate the terms of a group
 health plan1 any provision of this ,act
 7other than this part71 or both1       

regardless of whether such conduct      
occurred prior to1 on1 or after the date
 of the enactment of the ,earned        
,retiree ,healthcare ,benefits          
,protection ,act of #bjac4  7b7 ,other  
causes of action not authorized ,nothing
 contained in this part shall be        
construed to authorize any action for   
recovery of retiree health benefits     
unless the conduct giving rise to the   
claim for recovery is alleged to violate
 the provisions of this part4  #hjg4    
,regulations ,the ,secretary may        
promulgate such regulations as may be   
necessary to carry out the provisions of
 this part4 ,the ,secretary may         
promulgate any interim final rules as   
the ,secretary deems are appropriate to 
carry out this part4  4  7b7 ,civil     
penalty ,section #ejb7;c7 of the        
,employee ,retirement ,income ,security 
,act of #aigd 7#bi ,u4,s4,c4 #aacb7;c77 
is amended--  7#a7 by redesignating the 
second paragraph 7#aj7 7relating to     
consultation between the ,secretary of  

,labor and the ,secretary of ,health and
 ,human ,services7 as paragraph 7#ab72  
and  7#b7 by inserting after the first  
paragraph 7#aj7 the following new       
paragraph3  7#aa7 ,the ,secretary may   
assess any person a civil penalty of not
 more than #bj1jjj with respect to each 
failure by such person to meet the      
requirements of section #hja1 #hjb1 or  
#hjc with respect to each participant or
 beneficiary aggrieved by such failure4 
4  7c7 ,conforming amendment ,the table 
of contents in section #a of such ,act  
is amended by inserting after the item  
relating to section #gcd the following  
new items3  ,part #h--;,emergency       
retiree health benefit protections ,sec4
 #hja4 ,prohibition against             
post-retirement reductions of retiree   
health benefits by group health plans4  
,sec4 #hjb4 ,adoption by group health   
plans of provision barring              
post-retirement reductions in retiree   
health benefits4 ,sec4 #hjc4            
,restoration by group health plans of   

benefits reduced after retirement4 ,sec4
 #hjd4 ,exemption from restoration of   
benefits requirements4 ,sec4 #hje4      
,establishment of emergency retiree     
health loan guarantee program4 ,sec4    
#hjf4 ,effect on other claims4 ,sec4    
#hjg4 ,regulations4  4  #d4 ,effective  
date ,the amendments made by this ,act  
shall take effect on the date of the    
enactment of this ,act1 except that     
section #hjb of the ,employee           
,retirement ,income ,security ,act of   
#aigd 7as added by section #c of this   
,act7 shall apply with respect to plan  
years beginning after #ahj days after   
the date of the enactment of this ,act4 
,compliance with the requirements of    
part #h of subtitle ,b of title ,i of   
the ,employee ,retirement ,income       
,security ,act of #aigd with respect to 
a group health plan shall not be treated
 as a failure to comply with the terms  
of such plan4