A&H Policy ProvisionsQuestion 259 of 716

Under federal COBRA, the maximum continuation period for a covered employee who becomes entitled to Medicare and the family then loses coverage is:

a.18 months for the employee and family alike
b.60 months for the spouse and all dependent children
c.29 months for the employee and the family
d.36 months for the spouse and dependent children

Explanation

COBRA continuation maxima under 29 U.S.C. §1162 (ERISA §602) are: 18 months for the covered employee following voluntary or involuntary termination (or reduction in hours); 29 months if the qualified beneficiary is determined disabled by the SSA within 60 days of the qualifying event; and 36 months for SPOUSES AND DEPENDENT CHILDREN following the employee's Medicare entitlement, divorce/legal separation, or death of the employee, or for a dependent child losing dependent status. The covered employee himself doesn't need COBRA after Medicare entitlement (he has Medicare), but his family does, hence the 36-month period. The 18-month figure applies to the standard termination/reduction-of-hours scenario. The 29-month figure is the disability-extension period. And 60 months is not a COBRA period at all.

Law Reference: 29 U.S.C. §1162 (COBRA continuation periods)

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