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PARRIS N. GLENDENING, Governor
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Ch. 400
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(ii) except for an individual described in paragraph (1)(ii) of this
subsection, for less than 30 hours in a normal workweek.
(g) "Late enrollee" means[:
(1)] an eligible employee or dependent who requests enrollment in a
health benefit plan after the initial enrollment period provided under the health
benefit plan[ or
(2) a self-employed individual described in § 15-1203(c) or (d) of this
subtitle or dependent who requests enrollment in a health benefit plan after an
annual open enrollment period for self-employed individuals established by the
carrier in accordance with regulations adopted by the Commissioner}.
15-1203.
(a) A small employer under this subtitle is a person that meets the criteria
specified in any subsection of this section.
(b) (1) A person is considered a small employer under this subtitle if the
person:
(i) is an employer that on at least 50% of its working days during
the preceding calendar [year] QUARTER, employed at least two but not more than 50
eligible employees, the majority of whom are employed in the State; and
(ii) is a person actively engaged in business or is the governing body
of:
1. a charter home-rule county established under Article
XI-A of the Maryland Constitution;
2. a code home-rule county established under Article XI-F of
the Maryland Constitution;
3. a commission county established or operating under
Article 25 of the Code; or
4. a municipal corporation established or operating under
Article XI-E of the Maryland Constitution.
(2) Notwithstanding paragraph (1)(i) of this subsection:
(i) a person is considered a small employer under this subtitle if
the employer did not exist during the preceding calendar year but on at least 50% of
the working days during its first year the employer employs at least two but not more
than 50 eligible employees and otherwise satisfies the conditions of paragraph (l)(i) of
this subsection; and
(ii) if the federal Employee Retirement Income Security Act
(ERISA) is amended to exclude employee groups under a specific size, this subtitle
shall apply to any employee group size that is excluded from that Act.
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- 2189 -
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