COBRA coverage lasts up to 18 months after a termination of employment or reduction in hours, up to 29 months when a qualified beneficiary is disabled and the disability extension applies, and up to 36 months after other qualifying events such as the employee's death, divorce or legal separation, or a child losing dependent status. These are maximums. Coverage can end sooner for nonpayment or another permitted reason, and a plan may choose to offer longer continuation than the law requires.
|
Qualifying event |
Who is covered |
Maximum period |
|
Termination of employment (other than gross misconduct) |
Employee, spouse, dependent children |
18 months |
|
Reduction in hours |
Employee, spouse, dependent children |
18 months |
|
Termination or reduction in hours, with disability extension |
All qualified beneficiaries from that event |
29 months |
|
Death of the covered employee |
Spouse, dependent children |
36 months |
|
Divorce or legal separation |
Spouse, dependent children |
36 months |
|
Employee becomes entitled to Medicare |
Spouse, dependent children |
36 months |
|
Child ceases to be a dependent |
That child |
36 months |
The clock runs from the date of the qualifying event. A plan can measure it from the date coverage is lost instead, if the plan document says so, which can add a few weeks where coverage continues to the end of the month.
Most COBRA coverage arises from terminations and reductions in hours, so 18 months is the period administrators apply most often. It applies to the employee and to any covered spouse and children who lose coverage at the same time. Each person's period ends on the same date, although each may elect or decline separately.
The 18-month period can be extended by 11 months, to 29 months, when a qualified beneficiary is disabled. Three conditions apply:
The extension applies to every qualified beneficiary from the same event, not only the disabled person. So a nondisabled spouse and children can keep coverage for 29 months too.
During the extension months, the plan may charge up to 150 percent of the applicable premium instead of the usual 102 percent. If Social Security later decides the person is no longer disabled, the extension can end, and the beneficiary has to tell the plan within 30 days of that final determination.
A spouse or dependent child on an 18-month (or 29-month) continuation period can extend to 36 months if a second qualifying event occurs during that period: the employee's death, divorce or legal separation, Medicare entitlement, or the child losing dependent status.
Two limits apply:
The employee does not get the extension; it is only for the spouse and dependent children. The beneficiary must notify the plan within 60 days of the second event.
One calculation catches administrators out. If a covered employee became entitled to Medicare before a termination or reduction in hours, and less than 18 months before it, the spouse and dependent children can get COBRA for up to 36 months measured from the date of the employee's Medicare entitlement. The employee's own period stays at 18 months.
For example, an employee who became entitled to Medicare eight months before retiring gives the spouse a maximum of 28 months of continuation after retirement (36 minus 8), rather than 18.
The periods above are ceilings. Coverage can end earlier if premiums are not paid on time, the employer stops offering any group health plan, the beneficiary becomes covered under another group health plan or entitled to Medicare after electing COBRA, or for cause on the same basis as an active employee. Our post on when an employer can terminate COBRA coverage covers each ground and the notice required.
COBRA continues the coverage a person had on the day before the qualifying event. An employee with single coverage has no covered spouse, so a spouse who was never enrolled has no COBRA right when the employee leaves. The exception is a child born to or placed for adoption with the employee during the continuation period, who can be added and becomes a qualified beneficiary.
For insured plans, state mini-COBRA laws may provide different durations, sometimes extending coverage after federal COBRA runs out or covering employers below the federal threshold. Check each state where you have insured coverage.
Record the maximum end date for each qualified beneficiary when the election is made, diary the deadlines for disability and second-event notices, and send a reminder before coverage ends. Deadlines for the notices that start and extend coverage are in our post on COBRA notice deadlines, and the payment rules that keep coverage in force are in COBRA election and payment rules.
Up to 18 months for the employee and covered family members, with possible extensions for disability or, for the spouse and children, a second qualifying event.
Not under federal COBRA. A plan may voluntarily offer more, and some state laws provide additional continuation for insured plans.
No. It extends the period to a maximum of 36 months measured from the original qualifying event.
Yes, up to 150 percent of the applicable premium for the extension months, compared with 102 percent otherwise.
No. Any qualified beneficiary from the same event, including a spouse or child, can be the disabled person whose determination triggers the extension.
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