Internal Revenue Code · 26 U.S.C.
§ 4980B. Failure to satisfy continuation coverage requirements of group health plans
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 4980B
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Added
- November 10, 1988 by Pub. L. 100–647
- Last amended
- March 23, 2018 by Pub. L. 115–141
- Amendments
- 10 dated changes in the source credit
- Length
- 7 subsections · 4,961 words · about 22 min to read
- Defines
- 16 terms
- Cross-references
- cites 10; cited by 8 Code sections and 11 other regulations
- Regulations
- 11 issued under this section
To the extent violations by the employer (or the plan in the case of a multiemployer plan) for any year are more than de minimis, subparagraph (A) shall be applied by substituting “$15,000” for “$2,500” with respect to the employer (or such plan).
No tax shall be imposed by subsection (a) on any failure during any period for which it is established to the satisfaction of the Secretary that none of the persons referred to in subsection (e) knew, or exercising reasonable diligence would have known, that such failure existed.
If there is more than 1 qualified beneficiary with respect to the same qualifying event, the maximum amount of tax imposed by subsection (a) on all failures on any day during the noncompliance period with respect to such qualified beneficiaries shall be $200.
For purposes of this subparagraph, if not all persons who are treated as a single employer for purposes of this section have the same taxable year, the taxable years taken into account shall be determined under principles similar to the principles of section 1561.
If an employer is assessed a tax imposed by subsection (a) by reason of a failure with respect to a multiemployer plan, the limit shall be determined under subparagraph (A) (and not under this subparagraph) and as if such plan were not a multiemployer plan.
Except in the case of liability resulting from the application of subparagraph (B) of this paragraph, a person described in subparagraph (B) (and not in subparagraph (A)) of paragraph (1) shall be liable for the tax imposed by subsection (a) on any failure only if such person assumed (under a legally enforceable written agreement) responsibility for the performance of the act to which the failure relates.
A group health plan meets the requirements of this subsection only if the coverage of the costs of pediatric vaccines (as defined under section 1928(h)(6) of the Social Security Act (42 U.S.C. 1396s(h)(6))) is not reduced below the coverage provided by the plan as of May 1, 1993, and only if each qualified beneficiary who would lose coverage under the plan as a result of a qualifying event is entitled to elect, within the election period, continuation coverage under the plan.
The coverage must consist of coverage which, as of the time the coverage is being provided, is identical to the coverage provided under the plan to similarly situated beneficiaries under the plan with respect to whom a qualifying event has not occurred. If coverage under the plan is modified for any group of similarly situated beneficiaries, the coverage shall also be modified in the same manner for all individuals who are qualified beneficiaries under the plan pursuant to this subsection in connection with such group.
In the case of a qualifying event described in paragraph (3)(B), except as provided in subclause (II), the date which is 18 months after the date of the qualifying event.
If a qualifying event (other than a qualifying event described in paragraph (3)(F)) occurs during the 18 months after the date of a qualifying event described in paragraph (3)(B), the date which is 36 months after the date of the qualifying event described in paragraph (3)(B).
In the case of a qualifying event described in paragraph (3)(F) (relating to bankruptcy proceedings), the date of the death of the covered employee or qualified beneficiary (described in subsection (g)(1)(D)(iii)), or in the case of the surviving spouse or dependent children of the covered employee, 36 months after the date of the death of the covered employee.
In the case of a qualifying event not described in paragraph (3)(B) or (3)(F), the date which is 36 months after the date of the qualifying event.
In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who (as of such qualifying event) has a nonforfeitable right to a benefit any portion of which is to be paid by the Pension Benefit Guaranty Corporation under title IV of the Employee Retirement Income Security Act of 1974, notwithstanding subclause (I) or (II), the date of the death of the covered employee, or in the case of the surviving spouse or dependent children of the covered employee, 24 months after the date of the death of the covered employee. The preceding sentence shall not require any period of coverage to extend beyond January 1, 2014.
In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who is (as of the date that the period of coverage would, but for this subclause or subclause (VII), otherwise terminate under subclause (I) or (II)) a TAA-eligible individual (as defined in paragraph (5)(C)(iv)(II)), the period of coverage shall not terminate by reason of subclause (I) or (II), as the case may be, before the later of the date specified in such subclause or the date on which such individual ceases to be such a TAA-eligible individual. The preceding sentence shall not require any period of coverage to extend beyond January 1, 2014.
In the case of a qualifying event described in paragraph (3)(B) that occurs less than 18 months after the date the covered employee became entitled to benefits under title XVIII of the Social Security Act, the period of coverage for qualified beneficiaries other than the covered employee shall not terminate under this clause before the close of the 36-month period beginning on the date the covered employee became so entitled.
In the case of a qualified beneficiary who is determined, under title II or XVI of the Social Security Act, to have been disabled at any time during the first 60 days of continuation coverage under this section, any reference in subclause (I) or (II) to 18 months is deemed a reference to 29 months (with respect to all qualified beneficiaries), but only if the qualified beneficiary has provided notice of such determination under paragraph (6)(C) before the end of such 18 months.
The date on which the employer ceases to provide any group health plan to any employee.
The date on which coverage ceases under the plan by reason of a failure to make timely payment of any premium required under the plan with respect to the qualified beneficiary. The payment of any premium (other than any payment referred to in the last sentence of subparagraph (C)) shall be considered to be timely if made within 30 days after the date due or within such longer period as applies to or under the plan.
In the case of a qualified beneficiary who is disabled at any time during the first 60 days of continuation coverage under this section, the month that begins more than 30 days after the date of the final determination under title II or XVI of the Social Security Act that the qualified beneficiary is no longer disabled.
The coverage may not be conditioned upon, or discriminate on the basis of lack of, evidence of insurability.
In the case of a qualified beneficiary whose period of continuation coverage expires under subparagraph (B)(i), the plan must, during the 180-day period ending on such expiration date, provide to the qualified beneficiary the option of enrollment under a conversion health plan otherwise generally available under the plan.
The term “applicable premium” means, with respect to any period of continuation coverage of qualified beneficiaries, the cost to the plan for such period of the coverage for similarly situated beneficiaries with respect to whom a qualifying event has not occurred (without regard to whether such cost is paid by the employer or employee).
A plan administrator may not elect to have clause (ii) apply in any case in which there is any significant difference between the determination period and the preceding determination period, in coverage under, or in employees covered by, the plan. The determination under the preceding sentence for any determination period shall be made at the same time as the determination under subparagraph (C).
The determination of any applicable premium shall be made for a period of 12 months and shall be made before the beginning of such period.
Except as otherwise specified in an election, any election of continuation coverage by a qualified beneficiary described in subparagraph (A)(i) or (B) of subsection (g)(1) shall be deemed to include an election of continuation coverage on behalf of any other qualified beneficiary who would lose coverage under the plan by reason of the qualifying event. If there is a choice among types of coverage under the plan, each qualified beneficiary is entitled to make a separate selection among such types of coverage.
In the case of a nonelecting TAA-eligible individual and notwithstanding subparagraph (A), such individual may elect continuation coverage under this subsection during the 60-day period that begins on the first day of the month in which the individual becomes a TAA-eligible individual, but only if such election is made not later than 6 months after the date of the TAA-related loss of coverage.
Any continuation coverage elected by a TAA-eligible individual under clause (i) shall commence at the beginning of the 60-day election period described in such paragraph and shall not include any period prior to such 60-day election period.
The term “nonelecting TAA-eligible individual” means a TAA-eligible individual who has a TAA-related loss of coverage and did not elect continuation coverage under this subsection during the TAA-related election period.
The term “TAA-eligible individual” means an eligible TAA recipient (as defined in paragraph (2) of section 35(c)) and an eligible alternative TAA recipient (as defined in paragraph (3) of such section).
The term “TAA-related election period” means, with respect to a TAA-related loss of coverage, the 60-day election period under this subsection which is a direct consequence of such loss.
The term “TAA-related loss of coverage” means, with respect to an individual whose separation from employment gives rise to being an TAA-eligible individual, the loss of health benefits coverage associated with such separation.
For purposes of this subsection, the term “covered employee” means an individual who is (or was) provided coverage under a group health plan by virtue of the performance of services by the individual for 1 or more persons maintaining the plan (including as an employee defined in section 401(c)(1)).
Notwithstanding subparagraphs (A) and (B), the term “qualified beneficiary” does not include an individual whose status as a covered employee is attributable to a period in which such individual was a nonresident alien who received no earned income (within the meaning of section 911(d)(2)) from the employer which constituted income from sources within the United States (within the meaning of section 861(a)(3)). If an individual is not a qualified beneficiary pursuant to the previous sentence, a spouse or dependent child of such individual shall not be considered a qualified beneficiary by virtue of the relationship of the individual.
The term “group health plan” has the meaning given such term by section 5000(b)(1). Such term shall not include any plan substantially all of the coverage under which is for qualified long-term care services (as defined in section 7702B(c)).
The term “plan administrator” has the meaning given the term “administrator” by section 3(16)(A) of the Employee Retirement Income Security Act of 1974.
(Added Pub. L. 100–647, title III, § 3011(a), Nov. 10, 1988, 102 Stat. 3616; amended Pub. L. 101–239, title VI, §§ 6202(b)(3)(B), 6701(a)–(c), title VII, §§ 7862(c)(2)(B), (3)(C), (4)(B), (5)(A), 7891(d)(1)(B), (2)(A), Dec. 19, 1989, 103 Stat. 2233, 2294, 2295, 2432, 2433, 2446; Pub. L. 101–508, title XI, § 11702(f), Nov. 5, 1990, 104 Stat. 1388–515; Pub. L. 103–66, title XIII, § 13422(a), Aug. 10, 1993, 107 Stat. 566; Pub. L. 104–188, title I, § 1704(g)(1)(A), (t)(21), Aug. 20, 1996, 110 Stat. 1880, 1888; Pub. L. 104–191, title III, § 321(d)(1), title IV, § 421(c), Aug. 21, 1996, 110 Stat. 2058, 2088; Pub. L. 107–210, div. A, title II, § 203(e)(3), Aug. 6, 2002, 116 Stat. 971; Pub. L. 111–5, div. B, title I, § 1899F(b), Feb. 17, 2009, 123 Stat. 429; Pub. L. 111–344, title I, § 116(b), Dec. 29, 2010, 124 Stat. 3616; Pub. L. 112–40, title II, § 243(a)(3), (4), Oct. 21, 2011, 125 Stat. 420; Pub. L. 115–141, div. U, title IV, § 401(a)(235), (236), Mar. 23, 2018, 132 Stat. 1195.)
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
- applicable premium § 4980B(f)(4)(A)
- continuation coverage § 4980B(f)(2)
- covered employee § 4980B(f)(7)
- election period § 4980B(f)(5)(A)
- group health plan § 4980B(g)(2)
- noncompliance period § 4980B(b)(2)
- nonelecting TAA-eligible individual § 4980B(f)(5)(C)(iv)(I)
- plan administrator § 4980B(g)(3)
- qualified beneficiary § 4980B(g)(1)(A)
- qualified beneficiary § 4980B(g)(1)(B)
- qualified beneficiary § 4980B(g)(1)(C)
- qualified beneficiary § 4980B(g)(1)(D)
- qualifying event § 4980B(f)(3)
- TAA-eligible individual § 4980B(f)(5)(C)(iv)(II)
- TAA-related election period § 4980B(f)(5)(C)(iv)(III)
- TAA-related loss of coverage § 4980B(f)(5)(C)(iv)(IV)
Regulations under this section
Treasury regulations (26 CFR) issued under § 4980B
- § 54.4980B-0 Table of contents.
- § 54.4980B-1 COBRA in general.
- § 54.4980B-2 Plans that must comply.
- § 54.4980B-3 Qualified beneficiaries.
- § 54.4980B-4 Qualifying events.
- § 54.4980B-5 COBRA continuation coverage.
- § 54.4980B-6 Electing COBRA continuation coverage.
- § 54.4980B-7 Duration of COBRA continuation coverage.
- § 54.4980B-8 Paying for COBRA continuation coverage.
- § 54.4980B-9 Business reorganizations and employer withdrawals from multiemployer plans.
- § 54.4980B-10 Interaction of FMLA and COBRA.
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 10 other sections
- § 1561 Limitation on accumulated earnings credit in the case of certain controlled corporations
- § 213(d) Medical, dental, etc., expenses
- § 414(d) Definitions and special rules
- § 9801(c)(2) Increased portability through limitation on preexisting condition exclusions
- § 35(c) Health insurance costs of eligible individuals
- § 401(c)(1) Qualified pension, profit-sharing, and stock bonus plans
- § 911(d)(2) Citizens or residents of the United States living abroad
- § 861(a)(3) Income from sources within the United States
- § 5000(b)(1) Certain group health plans
- § 7702B(c) Treatment of qualified long-term care insurance
Cited by 8 Code sections
- § 35(f)(1)(A) Health insurance costs of eligible individuals
- § 106(b)(5) Contributions by employer to accident and health plans
- § 414(n)(3)(C) Definitions and special rules
- § 6051(a)(14) Receipts for employees
- § 7527(d)(2)(C) Advance payment of credit for health insurance costs of eligible individuals
- § 9707(f) Failure to pay premium
- § 9801(c)(2)(D)(ii) Increased portability through limitation on preexisting condition exclusions
- § 9832(d)(1)(A) Definitions
Cited in 11 regulations not issued under it
- § 1.125-3 Effect of the Family and Medical Leave Act (FMLA) on the operation of cafeteria plans.
- § 1.125-4 Permitted election changes.
- § 1.401(a)-21 Rules relating to the use of an electronic medium to provide applicable notices and to make participant elections.
- § 1.409A-1 Definitions and covered plans.
- § 54.6011-2 General requirement of return, statement, or list.
- § 54.6061-1 Signing of returns and other documents.
- § 54.6071-1 Time for filing returns.
- § 54.6151-1 Time and place for paying of tax shown on returns.
- § 54.9801-2 Definitions.
- § 54.9801-2T Definitions (temporary).
- § 54.9815-1251 Preservation of right to maintain existing coverage.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 115–141Parts changed in 2018: (f)(1) (f)(5)(C)(iii)
- Amended by Pub. L. 112–40Parts changed in 2011: (f)(2)(B)(i)(V)
- Amended by Pub. L. 111–344Parts changed in 2010: (f)(2)(B)(i)(V)
- Amended by Pub. L. 111–5Parts changed in 2009: (f)(2)(B)(i)(V) (f)(2)(B)(i)(VI) (f)(2)(B)(i)(VII)
- Amended by Pub. L. 107–210Parts changed in 2002: (f)(5)(C)
- Amended by Pub. L. 104–191Parts changed in 1996: (f)(2)(B)(i) (f)(2)(B)(i)(V) (f)(2)(B)(iv)(I) (f)(2)(B)(v) (f)(6)(C) (g)(1)(A) (g)(2)
- Amended by Pub. L. 104–188
- Amended by Pub. L. 103–66Parts changed in 1993: (f)(1)
- Amended by Pub. L. 101–508Parts changed in 1990: (d)(1)
- Amended by Pub. L. 101–239Parts changed in 1989: (f)(2)(B)(i) (f)(2)(B)(i)(V) (f)(2)(B)(iv) (f)(2)(B)(v) (f)(2)(C) (f)(6) (f)(6)(B) (f)(6)(C) (f)(7) (f)(8) (g)(2)
- Added by Pub. L. 100–647
Where it sits in the Code
Nearby sections
- § 4979 Tax on certain excess contributions
- § 4979A Tax on certain prohibited allocations of qualified securities
- § 4980 Tax on reversion of qualified plan assets to employer
- § 4980A Repealed
- § 4980B Failure to satisfy continuation coverage requirements of group health plans
- § 4980C Requirements for issuers of qualified long-term care insurance contracts
- § 4980D Failure to meet certain group health plan requirements
- § 4980E Failure of employer to make comparable Archer MSA contributions
- § 4980F Failure of applicable plans reducing benefit accruals to satisfy notice requirements
Official notes
The Law Revision Counsel's notes for this section (amendments, effective dates and related laws) are long, so they have their own page.