,i #aacth ,,congress #ast ,session ,h4 ,r4 #fge ,,in ,,the ,,house ,,of ,,representatives ,february #ac1 #bjac ,ms4 ,schakowsky introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committees on ,ways and ,means1 ,house ,administration1 and ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to extend protections to part-time workers in the areas of employer-provided health insurance1 family and medical leave1 and pension plans4 #a4 ,short title ,this ,act may be cited as the ,part-,time ,worker ,bill of ,rights ,act of #bjac4 #b4 ,extension of employer health insurance coverage mandate to part-time employees 7a7 ,large employers not offering health coverage 7#a7 ,in general ,subsection 7a7 of section #dihj;,h of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking full-time employees in paragraph 7#a7 and inserting employees1 7,b7 by striking full-time employee in paragraph 7#b7 and inserting employee1 and 7,c7 by striking hereby imposed on the employer and all that follows and inserting hereby imposed on the employer1 with respect to each employee employed by the employer during such month1 an assessable payment equal to the applicable payment amount with respect to such employee44 7#b7 ,proration of applicable payment amount for part-time employees ,paragraph 7#a7 of section #dihj;,h7c7 of such ,code is amended to read as follows3 7#a7 ,applicable payment amount ,the term applicable payment amount means1 with respect to any employee for any month-- 7,a7 in the case of a full-time employee1 #a_/ab of #b1jjj1 and 7,b7 in the case of any other employee1 the amount which bears the same ratio to the amount determined under subparagraph 7,a7 as-- 7i7 the average hours of service per week of such employee for such month1 bears to 7ii7 #cj4 4 7b7 ,large employers offering coverage with employees who qualify for premium tax credits or cost-,sharing reductions 7#a7 ,in general ,paragraph 7#a7 of section #dihj;,h7b7 of such ,code is amended-- 7,a7 by striking full-time employees each place it appears in subparagraphs 7,a7 and 7,b7 and inserting employees1 and 7,b7 by striking hereby imposed on the employer and all that follows and inserting hereby imposed on the employer1 with respect to each employee described in subparagraph 7,b7 for such month1 an assessable payment equal to #a_/ab of #c1jjj44 7#b7 ,proration for part-time employees ,subsection 7b7 of section #dihj;,h of such ,code is amended by adding at the end the following new paragraph3 7#c7 ,proration for part-time employees ,in the case of any employee other than a full-time employee1 paragraph 7#a7 shall be applied by substituting for #c1jjj the dollar amount which bears the same ratio to #c1jjj as-- 7,a7 the average hours of service per week of such employee for the month with respect to which such paragraph applies1 bears to 7,b7 #cj4 4 7#c7 ,application of overall limitation ,paragraph 7#b7 of section #dihj;,h7b7 of such ,code is amended to read as follows3 7#b7 ,overall limitation ,the aggregate amount of tax determined under paragraph 7#a7 with respect to any applicable large employer for any month shall not exceed the aggregate amount of tax which would have been determined under subsection 7a7 with respect to such employer for such month if such employer were described in subsection 7a77#a74 4 7c7 ,application of hours of service rules ,subparagraph 7,b7 of section #dihj;,h7c77#d7 of such ,code is amended by striking for the application of this paragraph to and inserting with respect to4 7d7 ,effective date ,the amendments made by this section shall apply to months beginning after ,december #ca1 #bjac4 #c4 ,elimination of hours of service requirement for ,,fmla leave 7a7 ,amendment ,section #aja7b77;,a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa7b77;,a77 is amended to read as follows3 7,a7 ,in general ,the term eligible employee means an employee who has been employed1 either as a full-time or part-time employee1 for at least #ab months by the employer with respect to whom leave is requested under section #ajb4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect beginning on the date that is one year after the date of enactment of this ,act4 #d4 ,treatment of employees working at less than full-time under participation1 vesting1 and accrual rules governing pension plans 7a7 ,participation rules 7#a7 ,in general ,section #bjb7;a77#c7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajeb7;a77#c77 is amended by adding at the end the following new subparagraph3 7,e7 7i7 ,for purposes of this paragraph1 in the case of any employee who1 as of the beginning of the #ab-month period referred to in subparagraph 7,a7-- 7,i7 has customarily completed #ejj or more hours of service per year but less than #a1jjj hours of service per year1 or 7,,ii7 is employed in a type of position in which employment customarily constitutes #ejj or more hours of service per year but less than #a1jjj hours of service per year1 completion of #ejj hours of service within such period shall be treated as completion of #a1jjj hours of service4 7ii7 ,for purposes of this subparagraph1 the extent to which employment in any type of position customarily constitutes less than #a1jjj hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the ,secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan4 4 7#b7 ,conforming amendment ,section #bjd7;b77#a77;,e7 of such ,act 7#bi ,u4,s4,c4 #ajed7;b77#a77;,e77 is amended by striking section #bjb7;a77#c77;,a7 and inserting subparagraphs 7,a7 and 7,e7 of section #bjb7;a77#c74 7b7 ,vesting rules 7#a7 ,in general ,section #bjc7;b77#b7 of such ,act 7#bi ,u4,s4,c4 #ajec7;b77#b77 is amended by adding at the end the following new subparagraph3 7,e7 7i7 ,for purposes of this paragraph1 in the case of any employee who1 as of the beginning of the period designated by the plan pursuant to subparagraph 7,a7-- 7,i7 has customarily completed #ejj or more hours of service per year but less than #a1jjj hours of service per year1 or 7,,ii7 is employed in a type of position in which employment customarily constitutes #ejj or more hours of service per year but less than #a1jjj hours of service per year1 completion of #ejj hours of service within such period shall be treated as completion of #a1jjj hours of service4 7ii7 ,for purposes of this subparagraph1 the extent to which employment in any type of position customarily constitutes less than #a1jjj hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the ,secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan4 4 7#b7 #a-year breaks in service ,section #bjc7;b77#c7 of such ,act 7#bi ,u4,s4,c4 #ajec7;b77#c77 is amended by adding at the end the following new subparagraph3 7,f7 7i7 ,for purposes of this paragraph1 in the case of any employee who1 as of the beginning of the period designated by the plan pursuant to subparagraph 7,a7-- 7,i7 has customarily completed #ejj or more hours of service per year but less than #a1jjj hours of service per year1 or 7,,ii7 is employed in a type of position in which employment customarily constitutes #ejj or more hours of service per year but less than #a1jjj hours of service per year1 completion of #bej hours of service within such period shall be treated as completion of #ejj hours of service4 7ii7 ,for purposes of this subparagraph1 the extent to which employment in any type of position customarily constitutes less than #a1jjj hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the ,secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan4 4 7c7 ,accrual rules ,section #bjd7;b77#d77;,c7 of such ,act 7#bi ,u4,s4,c4 #ajed7;b77#d77;,c77 is amended-- 7#a7 by inserting 7i7 after 7,c72 and 7#b7 by adding at the end the following new clauses3 7ii7 ,for purposes of this subparagraph1 in the case of any employee who1 as of the beginning of the period designated by the plan pursuant to clause 7i7-- 7,i7 has customarily completed #ejj or more hours of service per year but less than #a1jjj hours of service per year1 or 7,,ii7 is employed in a type of position in which employment customarily constitutes #ejj or more hours of service per year but less than #a1jjj hours of service per year1 completion of #ejj hours of service within such period shall be treated as completion of #a1jjj hours of service4 7iii7 ,for purposes of clause 7ii71 the extent to which employment in any type of position customarily constitutes less than #a1jjj hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the ,secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan4 4 7d7 ,effective dates 7#a7 ,in general ,except as provided in subsection 7b71 the amendments made by this section shall apply with respect to plan years beginning on or after the date that is one year after the date of the enactment of this ,act4 7#b7 ,special rule for collectively bargained plans ,in the case of a plan maintained pursuant to #a or more collective bargaining agreements between employee representatives and #a or more employers ratified on or before the date of the enactment of this ,act1 the amendments made by this section shall not apply to plan years beginning before the later of-- 7,a7 the earlier of-- 7i7 the date on which the last of the collective bargaining agreements relating to the plan terminates 7determined without regard to any extension thereof agreed to after the date of the enactment of this ,act72 or 7ii7 the date that is #c years after the date of the enactment of this ,act2 or 7,b7 the date that is #a year after the date of the enactment of this ,act4 ,for purposes of subparagraph 7,a71 any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement4