Qualified beneficiaries must be given an election period of at least 60 days during which each qualified beneficiary may choose whether to elect Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) coverage. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided. COBRA coverage is retroactive if elected and paid for by the qualified beneficiary.

Each qualified beneficiary may independently elect COBRA coverage. For instance, if an employee retires and enrolls in an employer-sponsored retiree plan that does not cover dependents, the retiree's spouse, and any dependent children, may elect COBRA (for a period of 18-months). A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of all other qualified beneficiaries. A parent or legal guardian may elect on behalf of a minor child.

If a qualified beneficiary waives COBRA coverage during the election period, he or she may revoke the waiver of coverage before the end of the election period. Revocation of the waiver is an election of COBRA continuation coverage. However, in that case, the plan need only provide continuation coverage beginning on the date the waiver is revoked rather than from the coverage loss date.

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Page Last Modified: 09/16/2008 8:30:06 AM
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