Misplaced Pages

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65-597: Although this statute became law on April 7, 1986, its official name is the Consolidated Omnibus Budget Reconciliation Act of 1985 ( Pub. L.   99–272 , 100  Stat.   82 ). Because of the discrepancy between the official name of the Act and the year in which it was enacted, some government publications refer to the Act as the Consolidated Omnibus Budget Reconciliation Act of 1986 . As originally enacted, Title X of

130-501: A cost estimated to be $ 9.5 million (~$ 13 million in 2023) through January 2010. On July 20, 2009, the Drudge Report published links to pages on Recovery.gov that Drudge alleged were detailing expensive contracts awarded by the U.S. Department of Agriculture for items such as individual portions of mozzarella cheese, frozen ham and canned pork, costing hundreds of thousands to over a million dollars. A statement released by

195-504: A divorce. One exception to the eighteen-month rule is that coverage may end for the former spouse upon the former spouse's remarriage. Continuation coverage must also be offered to the surviving spouse and dependent children of an employee who dies. The employee must have resided in Maryland and had coverage with the employer for at least three months prior to death. In all cases, continuation coverage must be offered for eighteen months, with

260-415: A group health insurance plan with a situs in Maryland and with fewer than twenty employees that continuation coverage must be offered to an employee who lives in Maryland, who had coverage from the employer for at least three months, and who either resigns or loses employment due to no fault of their own. Continuation coverage must also be offered to the former spouse and dependent children of an employee after

325-507: A group health insurance plan with fewer than twenty employees. The District of Columbia 's Continuation of Health Coverage Act of 2001 applies to employers with a group health insurance plan with a situs in the District of Columbia and with fewer than twenty employees. Coverage must be offered to be extended for a period of three months following the date that coverage would have ended. Maryland 's legislation only applies to employers with

390-417: A larger economic stimulus to counter the economic downturn. While in favor of a stimulus package, Feldstein expressed concern over the act as written, saying it needed revision to address consumer spending and unemployment more directly. Just after the bill was enacted, Krugman wrote that the stimulus was too small to deal with the problem, adding, "And it's widely believed that political considerations led to

455-727: A plan that was weaker and contains more tax cuts than it should have – that Mr. Obama compromised in advance in the hope of gaining broad bipartisan support." Conservative economist John Lott was more critical of the government spending. On January 28, 2009, a full-page advertisement with the names of approximately 200 economists who were against Obama's plan appeared in The New York Times and The Wall Street Journal . This included Nobel Memorial Prize in Economic Sciences laureates Edward C. Prescott , Vernon L. Smith , and James M. Buchanan . The economists denied

520-409: A provision to fully cover COBRA premiums from April through September 2021. Forty-one states have legislation similar to federal COBRA requiring employers to allow employees and their dependents to continue their group health insurance coverage following certain qualifying events. The District of Columbia also has laws covering COBRA. California 's legislation applies to non-government employers with

585-541: A report that provided a preliminary analysis of the impact to jobs of some of the prototypical recovery packages that were being considered. The House version of the bill, H.R. 1 , was introduced on January 26, 2009 by Dave Obey , the chairman of the House Committee on Appropriations , and was co-sponsored by nine other Democrats. On January 23, Speaker of the House Nancy Pelosi said that

650-427: Is allocated to federal spending programs such as transportation, communication, wastewater, and sewer infrastructure improvements; energy efficiency upgrades in private and federal buildings; extension of federal unemployment benefits; and scientific research programs. The following are details to the different parts of the final bill and the selected citizen to receive this Government Grants have to come up with $ 350 for

715-532: Is due in part to conservative Democrats in Congress who have expressed concerns about treating some unemployed workers differently from others, such as people priced out of the private insurance market. A number of Senate Democrats expressed concern about this situation and have introduced legislation to expand COBRA coverage to people who become unemployed through November 2010, but such legislation did not pass in 2010. The American Rescue Plan Act of 2021 included

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780-512: Is eligible for this subsidy if If the employee has an adjusted gross income in 2009 over $ 125,000 if filing as single ($ 250,000 if filing jointly), then the subsidy will be recaptured in a phased manner from the employee through the tax system. Termination of employment must have occurred between September 1, 2008 and December 31, 2009 (later expanded to February 28, 2010, expanded again to March 31, 2010, and then expanded again to June 2, 2010). Specific provisions and responsibilities may differ in

845-861: The Cato Institute . On February 8, 2009, a letter to Congress signed by about 200 economists in favor of the stimulus, written by the Center for American Progress Action Fund , said that Obama's plan "proposes important investments that can start to overcome the nation's damaging loss of jobs", and would "put the United States back onto a sustainable long-term-growth path". This letter was signed by Nobel Memorial laureates Kenneth Arrow , Lawrence R. Klein , Eric Maskin , Daniel McFadden , Paul Samuelson and Robert Solow . The New York Times published projections from IHS Global Insight, Moodys.com, Economy.com and Macroeconomic Advisers that indicated that

910-653: The Congressional Budget Office (CBO) said that while the stimulus would increase economic output and employment in the short run, the GDP would, by 2019, have an estimated net decrease between 0.1% and 0.3% (as compared to the CBO estimated baseline). The CBO estimated that enacting the bill would increase federal budget deficits by $ 185 billion over the remaining months of fiscal year 2009, by $ 399 billion in 2010, and by $ 134 billion in 2011, or $ 787 billion over

975-514: The Federation of Canadian Municipalities conference passed a resolution that would potentially shut out U.S. bidders from Canadian city contracts, in order to help show support for Prime Minister Stephen Harper 's opposition to the "Buy American" provision. Sherbrooke Mayor Jean Perrault , president of the federation, stated, "This U.S. protectionist policy is hurting Canadian firms, costing Canadian jobs and damaging Canadian efforts to grow in

1040-558: The Great Recession , the primary objective of this federal statute was to save existing jobs and create new ones as soon as possible. Other objectives were to provide temporary relief programs for those most affected by the recession and invest in infrastructure, education, health, and renewable energy. The approximate cost of the economic stimulus package was estimated to be $ 787 billion at the time of passage, later revised to $ 831 billion between 2009 and 2019. The ARRA's rationale

1105-508: The House in the 2010 midterm elections . Not a single Republican member of the House voted for the stimulus, and only three Republican senators voted for it. Most economists have argued that the stimulus was smaller than needed. Surveys of economists show overwhelming agreement that the stimulus reduced unemployment, and that the benefits of the stimulus outweigh the cost. According to

1170-432: The 2009–2019 period. In a February 11 letter, CBO Director Douglas Elmendorf noted that there was disagreement among economists about the effectiveness of the stimulus, with some skeptical of any significant effects while others expecting very large effects. Elmendorf said the CBO expected short term increases in GDP and employment. In the long term, the CBO expects the legislation to reduce output slightly by increasing

1235-488: The Act provided that a qualifying employer will not be permitted to take a tax deduction for its health insurance costs unless its health insurance plan allows employees of the employer and the employee's immediate family members who had been covered by a health care plan to maintain their coverage if a "qualifying event" causes them to lose coverage. However, the legislation was subsequently amended to instead impose an excise tax upon an employer whose health plan fails to satisfy

1300-663: The CBO's final report in February 2015, the ARRA spent $ 121,313 to create or save each job. Both the House and the Senate versions of the bills were primarily written by Democratic congressional committee leaders and their staffs. Because work on the bills started before President Obama officially took office on January 20, 2009, top aides to President-Elect Obama held multiple meetings with committee leaders and staffers. On January 10, 2009, President-Elect Obama's administration released

1365-611: The Department of Defense Appropriations Act, 2010, which made several amendments to the COBRA provisions of the American Recovery and Reinvestment Act of 2009 (ARRA). The Act extends COBRA subsidy eligibility to employees who lost their jobs due to no fault of their own between January 1 and February 28, 2010. The nine-month subsidy period was also expanded to fifteen months. On March 3, 2010, President Obama signed into law

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1430-500: The House version and the Senate version was the inclusion of a one-year extension of revisions to the alternative minimum tax , which added $ 70 billion to the bill's total. Republicans proposed several amendments to the bill directed at increasing the share of tax cuts and downsizing spending as well as decreasing the overall price. President Obama and Senate Democrats hinted that they would be willing to compromise on Republican suggestions to increase infrastructure spending and to double

1495-495: The Recovery Act into law. Section 3 of ARRA listed the basic intent behind crafting the law. This Statement of Purpose included the following: The Act specifies that 37% of the package is to be devoted to tax incentives equaling $ 288 billion and $ 144 billion, or 18%, is allocated to state and local fiscal relief (more than 90% of the state aid is going to Medicaid and education). The remaining 45%, or $ 357 billion,

1560-483: The Senate bill and the House bill were: More funds for health care in the Senate ($ 153.3 vs $ 140 billion), renewable energy programs ($ 74 vs. $ 39.4 billion), for home buyers tax credit ($ 35.5 vs. $ 2.6 billion), new payments to the elderly and a one-year increase in AMT limits. The House had more funds appropriated for education ($ 143 vs. $ 119.1 billion), infrastructure ($ 90.4 vs. $ 62 billion) and for aid to low income workers and

1625-679: The Statute of the International Court of Justice and the Rome Statute of the International Criminal Court . Statute is also another word for law. The term was adapted from England in about the 18th century. In the autonomous communities of Spain , an autonomy statute is a legal document similar to the constitution of a federated state , save that it is enacted by the national legislature, rather than

1690-871: The Temporary Extension Act of 2010. The Act extends COBRA subsidy eligibility to employees who lost their jobs due to no fault of their own between March 1 and 31, 2010. In addition, employees who lost group health insurance due to reduced work hours on or after Sept. 1, 2008, followed by involuntary termination between March 2 and March 31, 2010, will now be eligible for the COBRA subsidy. The Continuing Extension Act of 2010 extends premium assistance for COBRA benefits through May 31, 2010. As of June 2010, an extension of COBRA's premium assistance has not materialized, and attempts by congressional members to include such provisions have been dropped. As of June 1, 2010, all newly unemployed workers must pay full coverage costs as determined by their respective plans. This

1755-662: The activation and they must clear the state tax according to the state percentage that will be refund it back along with the Grants.: Total: $ 237 billion Total: $ 51 billion ARRA included the enactment of the Health Information Technology for Economic and Clinical Health Act , also known as the HITECH Act. Total health care spending: $ 155.1 billion Total: $ 100 billion Total: $ 82.2 billion Total: $ 105.3 billion Total: $ 48.1 billion, some in

1820-559: The applicable rules. A qualifying employer is generally an employer with 20 or more full-time-equivalent employees. Among the "qualifying events" listed in the statute are loss of benefits coverage due to (1) the death of the covered employee; (2) an employee loses eligibility for coverage due to voluntary or involuntary termination or a reduction in hours as a result of resignation, discharge (except for "gross misconduct"), layoff, strike or lockout, medical leave, or slowdown in business operations; (3) divorce or legal separation that terminates

1885-512: The autonomous community it governs. The autonomy statutes in Spain have the rank of ley orgánica (organic law), a category of special legislation reserved only for the main institutions and issues and mentioned in the constitution (the highest ranking legal instrument in Spain). Leyes orgánicas rank between the constitution and ordinary laws. The name was chosen, among others, to avoid confusion with

1950-491: The bill was on track to be presented to President Obama for him to sign into law before February 16, 2009. Although 206 amendments were scheduled for floor votes, they were combined into only 11, which enabled quicker passage of the bill. On January 28, 2009, the House passed the bill by a 244–188 vote. All but 11 Democrats voted for the bill, but not a single Republican voted in favor: 177 Republicans voted against it, while one Republican did not vote. The Senate version of

2015-583: The bill, S. 1 , was introduced on January 6, 2009, and later substituted as an amendment to the House bill, S.Amdt. 570 . It was sponsored by Harry Reid , the Majority Leader , co-sponsored by 16 other Democrats and Joe Lieberman , an independent who caucused with the Democrats . The Senate then began consideration of the bill starting with the $ 275 billion tax provisions in the week of February 2, 2009. A significant difference between

Consolidated Omnibus Budget Reconciliation Act of 1985 - Misplaced Pages Continue

2080-486: The code will thenceforth reflect the current cumulative state of the statutory law in that jurisdiction. In many nations statutory law is distinguished from and subordinate to constitutional law . The term statute is also used to refer to an International treaty that establishes an institution , such as the Statute of the European Central Bank , a protocol to the international courts as well, such as

2145-400: The coverage ceases. An individual covered under COBRA may also be covered by another group health plan or Medicare as long as either of two conditions is met: Under COBRA, the following individuals may be eligible for continuation coverage: COBRA coverage is typically temporary and individuals may be required to pay the full premium for the coverage, including the portion previously paid by

2210-416: The coverage that is currently available under the plan to similarly situated active employees and their families (generally, this is the same coverage that you had immediately before the qualifying event). You will also be entitled, while receiving continuation coverage, to the same benefits, choices, and services that a similarly situated participant or beneficiary is currently receiving under the plan, such as

2275-546: The economy may have been worse without the ARRA. A 2019 study in the American Economic Journal found that the stimulus had a positive impact on the US economy, but that the positive impact would have been greater if the stimulus had been more frontloaded. The CBO estimated ARRA would positively impact GDP and employment. It projected an increase in the GDP of between 1.4 percent and 3.8 percent by

2340-412: The employee, but not his or her dependents, or that only provides medical and hospitalization coverage and does not pay for dental work, if those options are available to covered employees. Employees and dependents lose coverage if they fail to make timely payments of these premiums. Employers are required to inform employees and dependents upon loss of coverage, in writing, by at least fifteen days before

2405-500: The employer has terminated the plan altogether or because the employer has gone out of business. COBRA allows for coverage for up to 18 months in most cases. If the individual is deemed disabled by the Social Security Administration, coverage may continue for up to 29 months. In the case of divorce from the former employee, the former spouse's coverage may continue for up to 36 months. In the case of death of

2470-446: The employer to pay for the cost of providing continuation coverage. Instead it allows employees and their dependents to maintain coverage at their own expense by paying the full cost of the premium the employer and the employee previously paid, plus up to a 2% administrative charge (50% for the latter 11 months under the disability extension). According to the U.S. Department of Labor : ...the coverage you are given must be identical to

2535-432: The employer. The duration of COBRA coverage can vary depending on the specific qualifying event and the state in which the individual resides. Employers that provide COBRA qualified insurance are required to provide information about rights and coverage options to individuals eligible for coverage under the plan. Only 10% of Americans eligible for COBRA insurance in 2006 used it, many because they were unable to afford to pay

2600-447: The end of 2009, between 1.1 percent and 3.3 percent by the end of 2010, between 0.4 percent and 1.3 percent by the end of 2011, and a decrease of between zero and 0.2 percent beyond 2014. The impact to employment would be an increase of 0.8 million to 2.3 million by the end of 2009, an increase of 1.2 million to 3.6 million by the end of 2010, an increase of 0.6 million to 1.9 million by

2665-454: The end of 2011, and declining increases in subsequent years as the U.S. labor market reaches nearly full employment, but never negative. Decreases in GDP in 2014 and beyond are accounted for by crowding out , where government debt absorbs finances that would otherwise go toward investment. A 2013 study by economists Stephen Marglin and Peter Spiegler found the stimulus had boosted GDP in line with CBO estimates. A February 4, 2009, report by

Consolidated Omnibus Budget Reconciliation Act of 1985 - Misplaced Pages Continue

2730-403: The ex-spouse's eligibility for benefits; or (4) a dependent child reaching the age at which he or she is no longer covered. COBRA imposes different notice requirements on participants and beneficiaries, depending on the particular qualifying event that triggers COBRA rights. See DOL.GOV's FAQs For Employers About COBRA Continuation Health Coverage COBRA does not apply if coverage is lost because

2795-424: The exception that a former spouse's continuation coverage ends upon remarriage. Virginia 's legislation applies to employers with a group health insurance plan, other than an HMO plan, and with twenty or fewer employees. Employers must offer continuation coverage to employees for twelve months. The legislation does not apply to employees who did not have coverage from the employer for at least three months prior to

2860-508: The exigencies of the moment. Eventually, persons trying to find the law are forced to sort through an enormous number of statutes enacted at various points in time to determine which portions are still in effect. The solution adopted in many countries is to organize existing statutory law in topical arrangements (or "codified" ) within publications called codes , then ensure that new statutes are consistently drafted so that they add, amend, repeal or move various code sections. In turn, in theory,

2925-427: The form of Transportation Investment Generating Economic Recovery (TIGER) Grants Total: $ 18 billion Total: $ 7.2 billion Total: $ 10.5 billion Total: $ 21.5 billion Total: $ 27.2 billion Total: $ 14.7 billion Total: $ 7.6 billion Total: $ 10.6 billion ARRA included a protectionist 'Buy American' provision, which imposed a general requirement that any public building or public works project funded by

2990-496: The former employee, the widow's coverage may continue for up to 36 months. COBRA does not apply to businesses with fewer than twenty employees, but the majority of states have stepped in with state health insurance continuation laws, sometimes called "mini-COBRA" laws, which apply in these cases. Some of these are described below . COBRA does not, unlike other federal statutes such as the Family and Medical Leave Act (FMLA), require

3055-506: The full premium after their job loss. While some employers may voluntarily help subsidize or fully cover the cost of COBRA insurance as part of a termination or exit package, it is more common for the ex-employee to cover the entire cost. The American Recovery and Reinvestment Act of 2009 as signed by President Barack Obama includes a 65% subsidy to employees for COBRA-enabled insurance for up to 9 months after an involuntary termination (this has since been expanded to 15 months). An employee

3120-449: The government site, the privately run Recovery.org is actually providing detailed information about how the $ 787 billion in stimulus money is being spent." Reports regarding errors in reporting on the Web site made national news. News stories circulated about Recovery.gov reporting fund distribution to congressional districts that did not exist. A new Recovery.gov website was redesigned at

3185-437: The government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications have a habit of starting small but growing rapidly over time, as new statutes are enacted in response to

3250-540: The housing tax credit proposed from $ 7,500 to $ 15,000 and expand its application to all home buyers, not just first-time buyers. Other considered amendments included the Freedom Act of 2009 , an amendment proposed by Senate Finance Committee members Maria Cantwell (D) and Orrin Hatch (R) to include tax incentives for plug-in electric vehicles . The Senate called a special Saturday debate session for February 7 at

3315-423: The legislative body of a country, state or province, county, or municipality . The word "statute" is derived from the late Latin word "statutum", which means 'law', 'decree'. In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by

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3380-419: The nation's debt and crowding out private investment, but noted that other factors, such as improvements to roads and highways and increased spending for basic research and education may offset the decrease in output and that crowding out was not an issue in the short term because private investment was already decreasing in response to decreased demand. In February 2015, the CBO released its final analysis of

3445-516: The new stimulus package must use only iron, steel and other manufactured goods produced in the United States. A May 15, 2009, Washington Post article reported that the 'Buy American' provision of the stimulus package caused outrage in the Canadian business community, and that the government in Canada "retaliated" by enacting its own restrictions on trade with the U.S. On June 6, 2009, delegates at

3510-467: The qualifying event. Statute A statute is a formal written enactment of a legislative body, a stage in the process of legislation . Typically, statutes command or prohibit something, or declare policy . Statutes are laws made by legislative bodies; they are distinguished from case law or precedent , which is decided by courts , regulations issued by government agencies , and oral or customary law . Statutes may originate with

3575-498: The quoted statement by President Obama that there was "no disagreement that we need action by our government, a recovery plan that will help to jumpstart the economy". Instead, the signers believed that "to improve the economy, policymakers should focus on reforms that remove impediments to work, saving, investment and production. Lower tax rates and a reduction in the burden of government are the best ways of using fiscal policy to boost growth." The funding for this advertisement came from

3640-606: The results of the law, which found that during six years: A May 21, 2009, article in The Washington Post stated, "To build support for the stimulus package, President Obama vowed unprecedented transparency, a big part of which, he said, would be allowing taxpayers to track money to the street level on Recovery.gov..." But three months after the bill was signed, Recovery.gov offers little beyond news releases, general breakdowns of spending, and acronym-laden spreadsheets and timelines." The same article also stated, "Unlike

3705-414: The right during an open enrollment season to choose among available coverage options. You will also be subject to the same rules and limits that would apply to a similarly situated participant or beneficiary, such as co-payment requirements, deductibles, and coverage limits. Employees and dependents can also opt for a lesser form of coverage, e.g., to choose continuation coverage under a plan that only covers

3770-452: The state specific mini-COBRA plans for employers with fewer than 20 employees throughout half of the previous calendar year. Those employees who are eligible for the ultimate benefits of this subsidy are referred to as Assistance Eligible Individuals (or AEIs). Employers subject to Federal COBRA are required to: This Act was signed into law by President Barack Obama on February 17, 2009. On December 19, 2009, President Obama signed into law

3835-530: The term constitution (i.e. the Spanish constitution of 1978). American Recovery and Reinvestment Act of 2009 The American Recovery and Reinvestment Act of 2009 ( ARRA ) ( Pub. L.   111–5 (text) (PDF) ), nicknamed the Recovery Act , was a stimulus package enacted by the 111th U.S. Congress and signed into law by President Barack Obama in February 2009. Developed in response to

3900-520: The unemployed ($ 71.5 vs. $ 66.5 billion). Congressional negotiators said that they had completed the Conference Report on February 11. On February 12, House Majority Leader Steny Hoyer scheduled the vote on the bill for the next day, before wording on the bill's content had been completed and despite House Democrats having previously promised to allow a 48-hour public review period before any vote. The Report with final handwritten provisions

3965-493: The urging of President Obama. The Senate voted, 61–36 (with 2 not voting) on February 9 to end debate on the bill and advance it to the Senate floor to vote on the bill itself. On February 10, the Senate voted 61–37 (with one not voting) All the Democrats voted in favor, but only three Republicans voted in favor ( Susan Collins , Olympia Snowe , and Arlen Specter ). Specter switched to the Democratic Party later in

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4030-520: The world-wide recession." On February 16, 2010, the United States and Canada agreed on exempting Canadian companies from Buy American provisions, which would have hurt the Canadian economy . Economists such as Martin Feldstein , Daron Acemoğlu , National Economic Council director Larry Summers , and Nobel Memorial Prize in Economic Sciences winners Joseph Stiglitz and Paul Krugman favored

4095-657: The year. At one point, the Senate bill stood at $ 838 billion. Senate Republicans forced a near unprecedented level of changes (near $ 150 billion) in the House bill, which had more closely followed the Obama plan. A comparison of the $ 827 billion economic recovery plan drafted by Senate Democrats with an $ 820 billion version passed by the House and the final $ 787 billion conference version shows huge shifts within these similar totals. Additional debt costs would add about $ 350 billion or more over 10 years. Many provisions were set to expire in two years. The main funding differences between

4160-557: Was based on the Keynesian economic theory that, during recessions, the government should offset the decrease in private spending with an increase in public spending in order to save jobs and stop further economic deterioration. The politics around the stimulus were very contentious, with Republicans criticizing the size of the stimulus. On the right, it spurred the Tea Party movement and may have contributed to Republicans winning

4225-510: Was posted on a House website that evening. On February 13, the Report passed the House, 246–183, largely along party lines with all 246 Yes votes given by Democrats and the Nay vote split between 176 Republicans and 7 Democrats. The Senate passed the bill, 60–38, with all Democrats and Independents voting for the bill along with three Republicans. On February 17, 2009, President Barack Obama signed

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