Health Care & Benefits Division

COBRA Timeframes

Employee

Qualifying Event
Duration of COBRA coverage
Reduction in Hours 18 months
Termination of Employment* 18 months
Disabled as determined by the Social Security Administration on or before 60 days after the qualifying event*** Up to 29 months if still disabled

 

Spouse of Employee

Qualifying Event
Duration of COBRA coverage
Death of Spouse

Pursuant to § 2-18-704, MCA, surviving spouses and Dependent children may remain covered under survivor benefits in some circumstances. Contact HCBD for Survivor eligibility.

36 months
Termination of employment of spouse (i.e., the employee)
18 months
Divorce or Legal Separation
36 months
Spouse (i.e., the employee) becomes eligible for Medicare 36 months from employee's date of Medicare eligibility or 18 months from the employee's qualifying event (whichever is longer); 29 months if there is a disability extension
Second Qualifying Event**
36 months
Disabled as determined by the Social Security Administration on or before 60 days after the qualifying event***
Up to 29 months if still disabled

 

Dependent Child of Employee

Qualifying Event
Duration of COBRA coverage
Death of Parent (i.e., the employee) State law provides for a survivor benefit when surviving dependents are not eligible for alternative group coverage or Medicare. Contact HCBD for plan details. 36 months
Termination of Employment of Parent (i.e., the employee)* 18 months
Reduction in Hours of Employment of Parent (i.e., the employee) 18 months
Parent (i.e., the employee) becomes eligible for Medicare 36 months from employee's date of Medicare eligibility or 18 months from the employee's qualifying event (whichever is longer); 29 months if there is a disability extension
Second Qualifying Event** 36 months
Divorce or Legal Separation of Parents 36 months
Dependent Child ceases to be eligible under the group health plan (reaches age 26) 36 months
Disabled as determined by the Social Security Administration on or before 60 days after the qualifying event*** Up to 29 months if still disabled

 

* This law does not require that COBRA coverage be made available if an employee is terminated for gross misconduct.

** If a spouse or dependent child has already started 18 months of COBRA continuation coverage when an event that would allow 36 months occurs, the maximum duration will increase to 36 months.

In no case may the total amount of continued coverage be more than 36 months.

Medicare eligibility is not considered a second Qualifying Event unless it would serve as a first Qualifying Event (i.e., would result in loss of coverage under the group health plan), which is not common.

*** If a Qualified Beneficiary is eligible for the extension to 29 months due to disability, the other family members on COBRA are also eligible for the same extension.

 

You must notify the plan administrator within 60 days of the determination of your disability status by the Social Security Administration in order to qualify for the disability extension.

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