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Q::We have an employee who failed to notify us of her divorce, which occurred over one year ago. Per the Cobra law, the employee has 60 days from the date of divorce to notify the employer. The spouse was not removed from the plan until now. Are we still obligated to offer Cobra to the spouse at this time, since the 60 day period from divorce date has long passed? If so, would he be eligible for 36 months minus the year he has already had, or would he be eligible for a full 36 months from the date of removal?
A: You (the covered employee or one of the qualified beneficiaries) must notify the plan if the qualifying event is:
l Divorce;
l Legal separation; or
l A child’s loss of dependent status under the plan.
You should understand your plan’s rules for how to provide notice if one of these qualifying events occurs. The plan must have procedures for how to give notice of the qualifying event, and the procedures should be described in both the general notice and the plan’s SPD. The plan must allow at least 60 days after the date on which the qualifying event occurs for the qualified beneficiary or employee to give this notice.
COBRA Notice of Unavailability of Continuation Coverage
Group health plans may sometimes deny a request for continuation coverage or for an extension of continuation coverage. If you or any member of your family requests continuation coverage and the plan determines that you or your family member is not entitled to the requested continuation coverage for any reason, the plan must give the person who requested it a notice of unavailability of continuation coverage. The notice must be provided within 14 days after the request is received, and the notice must explain the reason for denying the request.
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