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Benefits Administration Manual

Section 400

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Consolidated Omnibus Budget Reconciliation Act (COBRA)

Each qualified beneficiary will have 60 days from the date of loss of coverage or 60 days from the date of the COBRA Election Notice to elect COBRA continuation coverage, whichever date is later. Each qualified beneficiary has independent election rights. The two examples shown on the next page illustrate how the election period works in the case of a qualified beneficiary who has lost group coverage. These dates may be different. The Personnel Office must identify the last date to elect COBRA continuation coverage on the Election Notice.

Note: If an election period ends on a Saturday, Sunday, or Holiday, then the election period will be extended to the next regular workday.

Example #1 Loss of Coverage Date Being Later

Date of Termination	Date of Notice	Date of Loss of Coverage	End of Election Period
1-22-08	1-28-08	2-29-08	4-28-08

Example #2 COBRA Notice Date Being Later

Date of Termination	Date of Loss of Coverage	Date of Notice	End of Election Period
1-22-08	2-29-08	3-06-08	5-05-08

No Coverage During COBRA Election Period

The qualified beneficiaries are not covered under the plan during the election period. Any claim for services occurring on or after the date group coverage ceases will not be paid. However, if COBRA is elected and retroactive premiums are paid as detailed in Section 413, then coverage will be retroactive back to the date coverage ceased and any claim for services occurring on or after that date will be processed.

Tolling of COBRA Timelines

COBRA allows for the termination of COBRA rights in the event a qualified beneficiary fails to elect COBRA coverage within the required election period. However, if a qualified beneficiary is mentally or physically incapacitated to the extent that the person can not complete the required action, then the COBRA timelines will be "tolled". This means that the specific timeline is put on hold until a decision can be made by the qualified beneficiary or a guardian can be named to act on behalf of the beneficiary. Each case must be evaluated on its own merits and legal counsel should be consulted prior to a decision being made.

The guidelines set forth in the following chart are based on when the Personnel Office is first aware of a qualifying COBRA events as reflected in Section 404.

Action	Responsibility		Days to Complete Action
Action	Personnel Office	Qualified Beneficiary	14	60
1. Provide COBRA Election Notice and Election Form*	X		X
2. Complete and return Election Form		X		X
3. Complete enrollment form and submit to plan	X	X		X
4. Notification to the plan of family status changes**		X		X

*	This notice is separate from the Initial General COBRA Notice, which is required to be provided within 90 days after group coverage begins.
**	If COBRA is elected, then the qualified beneficiaries have a responsibility to notify the plan or its designee when a family status change has occurred.