COBRA
CONTINUATION OF COVERAGE PLAN
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COBRA
stands for the CONSOLIDATED OMNIBUS
BUDGET RECONCILIATION ACT of 1985.
COBRA
requires that employees have the right to continue their health coverage by
paying a monthly fee if they lose coverage under the Plan because of a
"qualifying event."
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QUALIFYING
EVENT |
LENGTH
OF COVERAGE |
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EMPLOYEE
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Loss of eligibility due to: |
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termination of employment* |
18 Months |
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reduction in hours |
18 Months |
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voluntary resignation |
18 Months |
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strike |
18 Months |
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(*For reasons other than gross misconduct) |
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SPOUSE
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Loss of eligibility due to: |
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spouse's termination form
employment* |
18 Months |
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death of spouse |
36 Months |
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divorce |
36 Months |
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(*For reasons other than gross misconduct) |
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DEPENDENT
CHILD
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Loss of eligibility due to: |
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death of parents |
36 Months |
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divorce of parents |
36 Months |
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age 19 if not a full-time student, or age 26 |
36 Months |
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parent's eligibility for Medicare |
36 Months |
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parent's termination from employment* |
18 Months |
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(*For reasons other than gross misconduct) |
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QUALIFIED
BENEFICIARIES |
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Under the law,
only “qualified beneficiaries” are entitled to COBRA continuation coverage. A
qualified beneficiary is any individual who was covered under the Plan on the
day before the qualifying event by virtue of being, on that day, an eligible
employee or retiree, a spouse of an eligible employee or retiree, or the
dependent child of an eligible employee or retiree.
If
you have a newborn child, adopt a child or have a child placed with you for
adoption (for whom you have financial responsibility) while your COBRA
continuation coverage is in effect, you may add this child to your coverage.
You must notify the Fund Manager in writing, within 60 days of the birth
or placement in order to add the child to your coverage. Of course, adding a child to your COBRA coverage may cause an
increase in your COBRA premiums.
A spouse who
becomes your spouse during a period of COBRA continuation coverage is not a
qualified beneficiary, but you may add such a spouse to your coverage during the
period you remain eligible for COBRA continuation coverage.
Each of your
family members has a separate right to elect COBRA continuation coverage even if
you do not. Therefore, it is important that your spouse and all dependents read
this section of this booklet. Like all qualified beneficiaries with COBRA
coverage, their continued coverage depends on the timely and uninterrupted
payment of premiums on their behalf.
COBRA coverage is
not available if the member or dependent is covered by any other group
insurance. COBRA coverage is also not available if the person has Medicare.
(EXCEPTION: WIDOWS – SEE SELF-PAYMENT PLAN FOR WIDOWS, page 23).
COBRA coverage is
also not available to a Retired participant unless he has returned to work as an
Active participant in the Plan. |
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NOTIFICATION
RESPONSIBILITIES |
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In order for you
to elect COBRA continuation coverage, the Fund Office must be notified when you
experience a qualifying event.
If the qualifying
event is a divorce or legal separation or a child’s losing dependent status, you
or the dependent must notify the Fund Office in writing within 60 days from the
date the qualifying event occurs. If you do not, your dependents will lose the
right to elect COBRA continuation coverage.
Your employer will
generally notify the Fund Office of other qualifying events. However, you are
encouraged to notify the Fund Office when any qualifying event occurs to avoid
confusion over the status of your health care.
If you are a
retiree, your dependents must notify the Fund Office of a qualifying event with
60 days from the date the qualifying event occurs.
Click here for the Notice
of Qualifying Event form. |
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HOW
TO ELECT COBRA CONTINUATION COVERAGE |
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When the Fund
Office receives notice of the qualifying event, it will send the qualified
beneficiary information concerning continuation options, including the necessary
COBRA election forms. Information sent to your spouse will be deemed to have
also been sent to your dependent children.
You and /or your
covered dependents have 60 days to make your election from the later of the
following dates:
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·
You would have lost coverage because of a qualifying event, or |
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·
You and/or your covered dependents received the
election form and COBRA information. |
If you and/or any
of your covered dependents do not elect COBRA coverage within the 60-day period
allowed, your health coverage will end and the Plan will not pay claims for
services provided on and after the date your coverage terminates. |
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COVERAGE |
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If you elect COBRA
continuation coverage, you will be entitled to the same health coverage that is
provided to similarly situated participants and their family members in the
Plan.
There are two
different options and premiums under the COBRA extension of benefits. One has
benefits for Medical and Hospital coverage only, the other option is a
continuation of the Medical, Dental, and Vision Plans that a member receives
under normal Active or Retiree eligibility. The coverage is an extension of your
benefits prior to loss of eligibility; therefore, if you had already satisfied
the annual Deductible, a new one would not be taken
There is no coverage for life insurance under the COBRA Plan.
If the coverage
provided by the Plan is changed in any respect for employees, those changes will
apply at the same time and in the same manner for everyone whose coverage is
continued under COBRA. |
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PAYING
FOR COBRA CONTINUATION COVERAGE |
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You are
responsible for the entire cost of COBRA continuation coverage. The Fund Office
will notify you of the COBRA premium amounts that you must pay.
Payment for the
required premium must be made as follows:
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All payments
must be made by check, cashier’s check or money order.
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The initial
payment must be received by the Fund Office no later than the 20th
day of the month prior to the month from which you desire coverage in order to
avoid possible delays in claim payments and eligibility problems. If you
elect COBRA coverage, you must, within 45 days of your election date, submit
your first payment to the Fund Office. This first payment must include
payment for all calendar months from the expiration of coverage through the
calendar month which ends prior to the date of the first payment.
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After the
initial payment is made, payments must be made monthly to continue coverage.
Monthly payments should be mailed by the 20th day of the month
preceding each coverage month. Failure to make a monthly payment within 30
days of the beginning of the coverage month will result in termination of
coverage as of the end of the period for which the last payment has been made.
It is the
responsibility of the qualified beneficiary to submit payments when due. |
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COBRA
CONTINUATION COVERAGE FOR
DisabLED PARTICIPANTS |
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If your qualifying event entitles you to 18 months of COBRA coverage and you or
a covered dependent was disabled at the time of the qualifying event (or becomes
disabled before or during the first 60 days of continuation coverage), you and
any other covered dependents may be eligible to continue your COBRA coverage at
increased rates for an additional 11 months, for a total of 29 months.
For you to be eligible, the Social Security Administration must make a formal
determination that you or your dependent is disabled and therefore entitled to
Social Security disability income benefits. You or your dependent must notify
the Fund Office of the Social Security determination of disability within 60
days from the date you received the determination and before the 18-month period
expires. If the disability does not continue throughout the continuation
period, you must notify the Fund Office of any later determination that you or
your dependent is no longer disabled. |
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Coverage for your Dependents if You are
Enrolled in Medicare |
| If you are an active employee
entitled to Medicare and you experience one of the qualifying events that
entitles you to 18 months of COBRA coverage (a reduction in your work hours,
voluntary resignation, or termination of employment), your eligible dependents
would be entitled to COBRA for a period of 18 months (29 months if the 11-month
Social Security Disability extension applies) from the date of the reduction in
your work hours or resignation/termination of your employment or 36 months from
the date you became entitled to Medicare, whichever is longer. |
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If a Second Qualifying
Event Occurs
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If your dependents are in an 18-month COBRA coverage period because of a
reduction in your work hours, your voluntary resignation or termination of your
employment and one of the following qualifying events occurs, the maximum COBRA
period for your dependents will switch to 36 months:
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· You
get divorced or legally separate, |
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· You
become entitled to Medicare, |
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· You
die, or |
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· Your
child ceases to meet the Plan’s definition of an eligible dependent (in this
case, only the child may extend coverage for another 18 months). |
This extension is only available to those individuals who were dependents at the
time of the initial qualifying event and to children who are born to, or adopted
by the employee during the 18-month period of coverage. However, the extension
to 36 months is not available to anyone who became the employee’s spouse
following the termination or reduction of hours.
The maximum period of coverage under COBRA is 36 months, regardless of how many
qualifying events occur.
Active employees are not entitled to COBRA coverage for more than a total of 18
months (unless you are entitled to an additional COBRA coverage because of a
disability). Even if you experience a reduction in your work hours followed by
a resignation or termination of employment, the resignation or termination of
employment is not treated as a second qualifying event and you may not extend
your coverage. |
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Special COBRA
Enrollment Rights |
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If you marry, have a newborn child, adopt a child, or have a child placed with
you for adoption while you are enrolled in COBRA, you may enroll that spouse and
child for coverage for the balance of the period of COBRA coverage. You must
notify the Fund Office and enroll new dependents within 30 days of the marriage,
birth, adoption or placement for adoption.
In addition, if you are enrolled for COBRA coverage and your spouse or dependent
child loses coverage under another group health plan, you may enroll that spouse
or child for coverage for the balance of the period of COBRA within 30 days
after the termination of the other coverage. To be eligible for this special
enrollment right, your spouse pr dependent child must have been eligible for
coverage under the terms of the Plan but declined when enrollment was previously
offered because he/she had coverage under another group health plan or had other
health insurance.
Adding a spouse or dependent child may cause an increase in the amount you must
pay for COBRA continuation coverage. |
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TERMINATION OF COBRA CONTINUATION COVERAGE |
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COBRA continuation coverage will terminate on the last day of the maximum period
of coverage unless it ends earlier for any of the following reasons:
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1
The plan you have chosen is terminated, in which case you may
have the opportunity to change to another medical plan offered under the Fund. |
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You or your dependents fail
to make the monthly premium payments on time. |
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The person receiving
coverage becomes covered by another group health plan (as an employee, spouse
or dependent) that does not contain any exclusion or limitation regarding a
pre-existing condition. |
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The person receiving the
coverage becomes entitled to Medicare benefits after the date of election of
COBRA.” |
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LIFE
INSURANCE UNDER COBRA PLAN
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THERE
IS NO COVERAGE FOR LIFE INSURANCE UNDER THE COBRA PLAN.
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