Thank you for your inquiry regarding a former employee’s change of plan prior to COBRA election.
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COBRA is a continuation of the same coverage and the same policy that the employee had on the day before the qualifying event. The employee is not allowed to select another (for example, less expensive) plan to serve as the COBRA plan unless he or she had already changed plans before the qualifying event. So if the employee did not change plans before the qualifying event, then he or she will have to keep the old plan under COBRA.
However, if the employer offers an open enrollment period to similarly situated active employees while the former employee is on COBRA, then the former employee may switch plans during this open enrollment just as he or she would if employed. Similarly, if the employer makes changes to its plan that affect similarly situated active employees, then these changes would also apply to COBRA beneficiaries.