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A: An employee, their spouse & dependent children can have COBRA a maximum of 18 months. But when the employee becomes entitled to Medicare & retires (at the same time) the law allows the spouse & children to keep COBRA for up to 36 months. The maximum time anyone can have COBRA continuation is 36 months. My Question; Continuing to work, the husband has been signed up for Medicare A for 5 years, but he and his 60 year old wife have been on his company plan. Both retire at the same time - he goes on Medicare A & B with supplemental insurance, is his spouse eligible for 36 months of COBRA?
A: I believe what you are saying is the husband who is over 65 is still working and on Medicare but the wife is still on his companies group health plan. If he retires and then loses his health insurance for his wife, she should be able to get Cobra. But she would need to speak with his employer to verify that she is eligible and ask for a Cobra packet to enroll into the coverage. If you are unsure or if the employer is unsure if she can be offered the coverage I would either go to the Department of Labors website, they oversee the Cobra law www.dol.gov/COBRA or call 866-444-3272
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