Eligibility and Qualifying Events For COBRA Continuation Insurance
Requirements For A Qualifying Event
The qualifying event requirement is satisfied if the event is (1) the death of a covered employee; (2) the termination (other than by reason of the employee’s gross misconduct), or a reduction of hours, of a covered employee’s employment; (3) the divorce or legal separation of a covered employee from the employee’s spouse; (4) a covered employee becoming entitled to Medicare benefits under Title XVIII of the Social Security Act; or (5) a dependent child ceasing to be a dependent child of the covered employee under the generally applicable requirements of the plan and a loss of coverage occurs.
Qualifying Events For Employees In The Workplace
Events that change the employment status of the covered individual who holds employer-sponsored health insurance allow up to 18 months of COBRA coverage.
You Quit Your Job
You are covered under COBRA if you quit your job voluntarily. This protects workers and their qualified dependents with continuing health coverage after the covered beneficiary decides to stop working.
… including Retirement From Work
Retirement is viewed as “quitting your job”. You are eligible for up to 18 months on COBRA when you retire.
Lay Off, Furloughed Or Fired From Your Job
Except in the case of gross misconduct, COBRA must be extended to employees that are involuntarily terminated.
Hours Reduced That Would Result In Loss Of Health Insurance
If a requirement of your employer-sponsored insurance is that you work a minimum number hours per week and your scheduled less time, the COBRA law requires the business to provide you an option to continue your same insurance.
Qualifying Events For Spouses and Dependent Children
Events that create a relationship status change between the insurance policy holder and other qualified beneficiaries on the health plan. In these situations, you may have COBRA coverage for up to 36 months.
You Lost Insurance Due To Legal Separation Or Divorce
While you are working and if your family changes due to divorce, annulment, termination of a domestic partnership, or legal separation the covered spouse or added dependents are able to elect COBRA insurance. Make sure to keep your plan administrator in the loop on the dates you need to stop coverage when family separates. Your employer should then provide your added spouse or domestic partner the same coverage they had while you were together.
Lost Insurance Due To Loss Of Dependent Status At Age 26
The Affordable Care Act requires that adult children are able to stay on their parent or guardian’s employer-sponsored insurance until they are 26 years of age. At that point, the dependent must find new health insurance. If the former dependent wishes to keep the same health coverage they had, COBRA allows them up to 36 months.
Death Of The Covered Employee
If the unfortunate happens, the COBRA law provides that widows and qualified dependents are able to continue the same group workplace insurance they had previously.
How Long Can You Stay On COBRA?
18 or 36 Months
When a workplace event separates you from your job, you are allowed a limited time to stay on your health insurance with COBRA. Former employees can keep their work insurance up to 18 months. When the qualifying event is family separation event, like death, divorce or separation, the former spouses and dependents are given the right to extend their insurance benefits for up to 36 months.
|Qualifying COBRA Event||Length of Continuation Coverage|
|Reduction of Hours (resulting in loss of coverage)||18 Months|
|Voluntary Termination of Employment (quitting your job)||18 Months|
|Involuntary Termination of Employment (getting fired from job)||18 Months|
|Divorce, Annulment, Termination of Domestic Partnership, or Legal Separation||36 Months|
|Child ceases to be a Dependent (e.g. child turns 26)||36 Months|
|Death of Employee||36 Months|
Small Businesses Are Exempt From Federal COBRA
In general, COBRA is required of all employers with 20 or more employees. Depending on the state you live in, businesses with fewer than 20 workers may be required to offer the same workplace health insurance they had while employed. If you work for a small business you will want to check if your state has a mini-COBRA law to find out if you are eligible.