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COBRA Effective Date
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COBRA Effective Date
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I just found out that we have an employee who was terminated on August 29th. Typically medical coverage terminates at the end of the month an they were last employed and we offer COBRA effective the f
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COBRA Effective Date

posted at 9/14/2011 4:18 AM EDT
Posts: 16
First: 7/26/2007
Last: 9/14/2011
I just found out that we have an employee who was terminated on August 29th. Typically medical coverage terminates at the end of the month an they were last employed and we offer COBRA effective the first of the following month. Since they were notified of their COBRA rights at termination do I need to extend their regular benefits through September and offer COBRA effective October 1st?

COBRA Effective Date

posted at 9/14/2011 4:36 AM EDT
Posts: 562
First: 11/12/2009
Last: 9/14/2011
No, you do not. The employee has 45 days to decided if he/she wants to elect COBRA coverage. At that point, the employee will be obligated to pay the premium for September if coverage is desired.

COBRA Effective Date

posted at 9/14/2011 4:48 AM EDT
Posts: 16
First: 7/26/2007
Last: 9/14/2011
Sorry let me clarify, they were NOT notified of their COBRA rights at termination. I am just sending the information now.

I just found out that we have an employee who was terminated on August 29th. Typically medical coverage terminates at the end of the month an they were last employed and we offer COBRA effective the first of the following month. So we would terminate their coverage August 31st and offer them COBRA effective September 1st.

Since they were not notified of their COBRA rights at termination and I am just sending the information now, do I need to extend their regular benefits through September and offer COBRA effective October 1st?

COBRA Effective Date

posted at 9/14/2011 9:00 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
If the employee was actually notified and told they were terminated then the coverage should end effective August 31st.

I would overnight the Cobra offering and make sure you give them the full period to make a decision effective from the date they receive the notice.

Very few people actually accept COBRA due to the cost unless they have someone who's medical costs will be higher than the full premiums they will now have to pay.

In other words, adverse selection.

COBRA Effective Date

posted at 9/14/2011 9:42 AM EDT
Posts: 1047
First: 4/11/2002
Last: 9/14/2011
Agreed. Just overnight the COBRA paperwork to this individual. Are you the administrator of COBRA? Or do you have a third party handle it?

COBRA Effective Date

posted at 9/14/2011 12:29 PM EDT
Posts: 562
First: 11/12/2009
Last: 9/14/2011
If I'm not terribly mistaken, I believe that the 45 day election window starts at the moment the employee is notified of COBRA rights, not at the time of termination.

Re: COBRA Effective Date

posted at 9/20/2011 6:20 PM EDT on Workforce Management
Posts: 1
First: 9/20/2011
Last: 9/20/2011
Terminated employees have 60 days from the date of the letter or qualifying event (whichever is the later) to elect COBRA coverage.  They have 45 days from the date they elect COBRA to make their first payment.  You have 14 days from the qualifying event (or when you are notified) to send them the letter.

Re: COBRA Effective Date

posted at 9/22/2011 7:19 AM EDT on Workforce Management
Posts: 148
First: 9/20/2011
Last: 12/12/2012
In Response to Re: COBRA Effective Date:


Please refresh my recollection.

Since there can be as long as 44 + 45 days or basically three months till you have both the election and payment, what is the protocol regarding claims incurred during this period?

Are you within your rights to not pay claims until you have monies in hand?
Once they make the election to continue must you process claims incurred?
If you pay claims and they do not pay the premiums can you recover from both the provider and the claimant?

Re: COBRA Effective Date

posted at 9/22/2011 7:21 AM EDT on Workforce Management
Posts: 148
First: 9/20/2011
Last: 12/12/2012
Please refresh my recollection.

Since there can be as long as 44 + 45 days or basically three months till you have both the election and payment, what is the protocol regarding claims incurred during this period?

Are you within your rights to not pay claims until you have monies in hand?
Once they make the election to continue must you process claims incurred?
If you pay claims and they do not pay the premiums can you recover from both the provider and the claimant?

Re: COBRA Effective Date

posted at 9/22/2011 8:46 AM EDT on Workforce Management
Posts: 1
First: 9/22/2011
Last: 9/22/2011
You're well within the time to notify the former employee about his COBRA rights.  You have 30 days to notify your plan administrator, and, once notified, they have 14 days to send the election notice.  If you administer your COBRA yourself, you have 44 days to send the notice. 

The election timeframes mentioned above are correct.  Continuants have 60 calendar days to make an election; once coverage has been elected, they have 45 days to pay for it. 

For more information, see the DOL's FAQs, and more specifically (from Q8) An Employer's Guide to Group Health Continuation Coverage Under COBRA - The Consolidated Omnibus Budget Reconciliation Act of 1986
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