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Consolidated Omnibus Budget Reconciliation Act (COBRA)

407. Loss of Group Coverage in Anticipation of a Qualifying Event

State employees are permitted to delete their spouse, domestic partner, or dependent children from group coverage based on a voluntary action (e.g., move out of household, deletion during open enrollment, deletion outside open enrollment). These types of deletions are not COBRA qualifying events and COBRA should not be offered. However, if group coverage is lost or reduced in anticipation of a COBRA qualifying event, then COBRA coverage must be offered from the first day of the month following the COBRA qualifying event (e.g., divorce, legal separation, termination of a domestic partnership).

Example: After filing for divorce, legal separation, or termination of a domestic partnership the employee deletes his/her spouse, domestic partner, or dependent children from coverage because of a move out of household or voluntary deletion. In this situation, the deletion was done in “anticipation of a COBRA qualifying event”, therefore, COBRA coverage must be offered at the time of the qualifying event.

After notification from a spouse, domestic partner, or dependent children that he/she was deleted from coverage in anticipation of a COBRA qualifying event, then the deleted spouse, domestic partner, or dependent children must be offered COBRA coverage.

Note: Keep in mind that unlike the former spouse or domestic partner, the employee would be allowed to re-enroll his/her dependent children in State-sponsored coverage during the next open enrollment period.

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