Generally speaking, an employer needs to offer COBRA continuation coverage to every person (known as a “qualified beneficiary”) who will lose group health coverage under the plan as a result of a qualifying event.182 Each qualified beneficiary under the plan has an independent right to elect COBRA.183 The employer must offer COBRA continuation coverage that is identical to the coverage the plan provided for similarly situated qualified beneficiaries prior to the qualifying event.
CREDITS: This is an excerpt from An Employer’s Guide to Employment Issues in Minnesota, provided by the Minnesota Department of Employment and Economic Development & Linquist & Vennum P.L.L.P., Tenth Edition, 2009. Copies are available without charge from the Minnesota Department of Employment and Economic Development, Small Business Assistance Office.
This post is also part of a series of posts covering the Continuation of Group Health and Life Insurance Coverage Law (COBRA). This information is not legal advice. You should consult with an experienced employment attorney before dealing with COBRA-related employment issues.
182 29 U.S.C. § 1161(a); 26 U.S.C. § 4980B(f)(1); 42 U.S.C. § 300bb-1).
183 29 U.S.C. § 1165(a)(2); 26 U.S.C. § 4980B(f)(5)(B); 42 U.S.C. § 300bb-5(a)(2). Note: A parent is responsible for