Toll Free Toll-Free 1-800-745-9970 | Chat Live Chat
Search:  

Consolidated Omnibus Budget Reconciliation Act ( COBRA )

The American Recovery and Reinvestment Act of 2009 Reduces COBRA Premium

The recent stimulus package signed by President Obama included a temporary COBRA premium reduction to assist eligible individuals. COBRA in general allows certain individuals to extend their employer-provided group health coverage if coverage was lost due to certain events such as divorce or loss of a job. Through the temporary COBRA premium reduction, eligible individuals pay only 35% of their COBRA premiums and the remaining 65 percent is reimbursed to the coverage provider through a tax credit. As an employer you need to know how this will impact your business and what compliance requirement may be needed.

COBRA Compliance Materials:


 
Frequently Asked Questions


What is Cobra?

COBRA gives workers who lose their jobs, and thus their health benefits, the right to purchase group health coverage provided by the plan under certain circumstances.

If the employer continues to offer a group health plan, the employee and his/her family can retain their group health coverage for up to 18 months by paying group rates. The COBRA premium may be higher than what the individual was paying while employed but generally the cost is lower than that for private, individual health insurance coverage.

The plan administrator must notify affected employees of their right to elect COBRA. The employee and his/her family each have 60 days to elect the COBRA coverage, otherwise they lose all rights to COBRA benefits.

Note: COBRA generally does not apply to plans sponsored by employers with less than 20 employees. Many States have similar requirements for small plans providing benefits through an insurance company. The premium reduction is available for plans covered by these State laws.


What notices if any are now required?
Notices must be provided. Depending on the circumstances/eligibility, forms may vary. Please click here to view the forms available.

Which employers are required to offer COBRA coverage?

Employers with 20 or more employees are usually required to offer COBRA coverage and to notify their employees of the availability of such coverage. COBRA applies to plans maintained by private-sector employers and sponsored by most state and local governments.


Which employees or a member of his/her family qualify for the premium reduction?

The premium reduction for COBRA continuation coverage is available to "assistance eligible individuals".

An "assistance eligible individual" is the employee or a member of his/her family who:

  • is eligible for COBRA continuation coverage at any time between September 1, 2008 and December 31, 2009;
  • elects COBRA coverage;
  • and is eligible for COBRA as a result of the employee's involuntary termination between September 1, 2008 and December 31, 2009.

Those who are eligible for other group health coverage (such as a spouse's plan) or Medicare are not eligible for the premium reduction. There is no premium reduction for premiums paid for periods of coverage prior to February 17, 2009.

What is Special COBRA Election Opportunity?
Individuals involuntarily terminated from September 1, 2008 through February 16, 2009 who did not elect COBRA when it was first offered OR who did elect COBRA, but are no longer enrolled (for example because they were unable to continue paying the premium) have a new election opportunity. This election period begins on February 17, 2009 and ends 60 days after the plan provides the required notice. This special election period does not extend the period of COBRA continuation coverage beyond the original maximum period (generally 18 months from the employee's involuntary termination). COBRA coverage elected in this special election period begins with the first period of coverage beginning on or after February 17, 2009. This special election period opportunity does not apply to coverage sponsored by employers with less than 20 employees that is subject to State law.

NOTE: The information contained on this page is for informational purposes only and is not intended to provide legal advice or legal opinion.

 
SATISFACTION GUARANTEE
LaborLawCenter™ stands behind
our products through our 365-Day
Satisfaction Guarantee. For
assistance, contact us
at 1-800-745-9970.




Connect with LaborLawCenter™ on
Facebook, Twitter, LinkedIn & Google+
McAfee Secure sites help keep you safe from identity theft, credit card fraud, spyware, spam, viruses and online scams 90 Days ShippingIcon Toll Free

CALL US TOLL FREE

800-745-9970

Text
bottom