Q: I retired from work and group insurance plan. I am 66 and on Medicare. My wife is 8 years younger and I am getting her set up with Cobra. I understand when someone retires, their spouse can keep the Cobra for 36 months but my company HR tells me I can only get it for 18. Can you tell me, I'm confused?
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 anyonecan have COBRA continuation is 36 months.
If the employee is on COBRA when they begin receiving Medicare benefits, this will be a secondary qualifying event. The spouse would be eligible for an additional 18 months.
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