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| During COBRA continuation the employee died, can the spouse and dependents keep COBRA? |
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Q: I am a widow getting COBRA. My husband was laid off on May 9, 2006 due to downsizing by the company. On May 31, 2006 he was diagnosed with cancer. Our COBRA coverage began June 1, 2006. My husband died Nov. 4, 2006. The 18 months of coverage will end Nov. 30, 2007. However, as a widow, can I continue coverage for 18 more months beginning Dec. 1, 2007? What if my husband's former employer doesn't let me?
A: A spouse and dependents may become entitled to an 18 month extension for a total of 36 months only if a second qualifying event occurs. A second qualifying event is the death of the employee, the divorce or legal separation of the employee and their spouse, if the employee becomes entitled to Medicare or a child's loss of dependent status. You should contact your husband's former employer as soon as possible or their COBRA administrator and let them know that you need to continue your COBRA. The employer must comply with the COBRA laws and offer you the additional 18 months.
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