In addition to making sure Consolidated Omnibus Budget Reconciliation Act (COBRA) election notices are sent to qualified beneficiaries on a timely basis, employers and plan administrators should ensure that the notices’ content satisfies the COBRA regulations. They should consider using the model COBRA election notice published by the U.S. Department of Labor (DOL), which considers […]
Tag: COBRA coverage
When an employee is terminated from employment and loses group health plan coverage (subject to Consolidated Omnibus Budget Reconciliation Act (COBRA)), plan administrators should ensure that all qualified beneficiaries are sent, in a timely fashion, COBRA election notices. Plan administrators are not required to ensure actual receipt of the COBRA election notice, but a good-faith […]
When an employee is terminated due to “gross misconduct,” the termination is not considered a qualifying event, and an employer does not have to offer Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage to the ex-employee (or his or her covered spouse or dependents). Neither the statute, legislative history, nor regulations specifically define the term “gross […]
Question: If you offer a Health Reimbursement Account (HRA) to your regular full time employees, are you obligated to offer the HRA to people that terminate and elect COBRA? If yes, can you charge the employee for the COBRA premium AND can you charge for a premium equivalent rate for the HRA (or administrative charge)?
A recent court opinion from the 9th Circuit U.S. Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—highlights the perils of not offering Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage to a former employee on the basis that the employee was terminated due to gross misconduct.
Question: I just found out that a former employee near the end of his COBRA election period was in an accident and is currently incapacitated. What are my options administratively if the election period ends and he has not yet elected COBRA coverage?
by Gwen Cofield Although an employer or plan administrator is not required to ensure actual receipt of the Consolidated Omnibus Budget Reconciliation Act (COBRA) notice, a good-faith effort to provide the COBRA notice must be made. Where an administrative error prevents the receipt of the COBRA notice, an employer or plan administrator can demonstrate good-faith […]
Question: We are looking for information regarding medical benefits when someone is out on leave under the FMLA. We understand that the eligible employee’s job is protected while out under the FMLA, and that they are able to make payments on their medical benefits while out on leave. If an employee exhausts all of his […]
by Gwen Cofield To have standing to sue an employer for a Consolidated Omnibus Budget Reconciliation Act (COBRA) notice violation, the individual alleging the violation must be either a participant or a beneficiary, as those terms are defined in Employee Retirement Income Security Act (ERISA). COBRA coverage is designed to continue, for a limited time, […]
Remember those old Reese’s peanut butter cup commercials? Chocolate and peanut butter … two great tastes that taste great together.