EBIA Weekly Archives - COBRA

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  1. DOL's Expedited Review of Health Plan's Denial of ARRA COBRA Premium Subsidy Upheld by Court
    From the November 05, 2009 EBIA Weekly
    The union-sponsored health plan in this case denied an individual’s request to receive the 65% COBRA premium subsidy available for “assistance eligible individuals” under the American Recovery and Reinvestment Act of 2009 (ARRA). The plan ...
    [Hejazi v. DOL, 2009 WL 3485958 (W.D. Wash. 2009)]
  2. Court Refuses to Impose Separate Penalties for Multiple Beneficiaries Affected by a Single COBRA Notice Violation
    From the November 05, 2009 EBIA Weekly
    After the employee in this case was terminated, his employer sent him a timely COBRA election notice. Believing that it was legally inadequate because it was missing certain information, the employee wrote “void” on it and sent it ...
    [Fadalla v. Life Auto. Prods., Inc., 2:06-cv-02679 (Jan. 12, 2009) (unreported) and 2009 WL 3295369 (W.D. Tenn. 2009)]
  3. New Law Expands FMLA Leave Rights for Employees Who Are Relatives of Veterans and Members of the Armed Forces
    From the October 29, 2009 EBIA Weekly
    The President has signed defense-related legislation that includes amendments to the FMLA’s provisions regarding qualifying exigency leave and covered servicemember leave for employees who are relatives of servicemembers. Here are highlights of the changes that are likely ...
    [National Defense Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84 (Oct. 28, 2009)]
  4. Employer That Did Not Comply With Health Plan's COBRA Notice Requirements Is Not Entitled to Stop-Loss Reimbursement
    From the October 22, 2009 EBIA Weekly
    This case involved employees who incurred large health care expenses while on approved 90-day leaves of absence. The employer sought reimbursement for the excess expenses under the stop-loss policy issued in connection with its self-funded health plan. ...
    [Majestic Star Casino v. Trustmark, 2009 WL 3260561 (N.D. Ill. 2009)]
  5. When is a qualified beneficiary's COBRA election late?
    From the October 08, 2009 EBIA Weekly
    QUESTION: We received a former employee’s mailed COBRA election a few days after the 60-day election period permitted by our group health pan. Is it safe to treat it as late and refuse to provide COBRA coverage? ...
  6. No COBRA for Former Spouse Who Did Not Provide Timely Notice of Divorce
    From the October 01, 2009 EBIA Weekly
    The health plan in this case became aware of a participant’s divorce several months after it became final. The plan then notified the participant’s former spouse that she was not entitled to COBRA because the plan ...
    [Ludwig v. Carpenters Health & Welfare Fund of Philadelphia & Vicinity, 2009 WL 3014939 (E.D. Pa. 2009)]
  7. Former Employees Have No Claim Against Bankrupt Employer for Unpaid Medical Bills, But Can Seek Unpaid Employee Health Premiums
    From the October 01, 2009 EBIA Weekly
    Just weeks before filing for bankruptcy, the employer in this case failed to pay the employer and employee portions of insurance premiums to the insurer of its health plan, and the insurer terminated coverage. Former employees who had regular or ...
    [Leslie v. Champion Parts, Inc., 2009 WL 2781675 (W.D. Ark. 2009)]
  8. IRS and Treasury Officials Provide Informal Views on COBRA Premium Subsidy Issues
    From the September 24, 2009 EBIA Weekly
    The Joint Committee on Employee Benefits (JCEB) of the American Bar Association has reported on its May 2009 Q&A session with IRS and Treasury officials. Highlights include unofficial, nonbinding remarks about two COBRA premium subsidy issues. (For more ...
    [ABA Joint Committee on Employee Benefits, Meeting With IRS and Treasury Department Officials (May 7-9, 2009)]
  9. Can we withdraw an offer of COBRA?
    From the September 10, 2009 EBIA Weekly
    QUESTION: We incorrectly offered a former employee COBRA coverage. Can we withdraw the offer now that he has elected and is receiving COBRA? ANSWER: It depends. Before attempting to withdraw COBRA coverage that should not have been offered, you should ...
  10. No Small-Employer Exception Where Lack of Time Records Prevents Counting Commission-Only Employees as Part-Time
    From the September 10, 2009 EBIA Weekly
    Under COBRA’s small employer exception, a plan is not subject to COBRA for a calendar year if all employers maintaining the plan normally employed fewer than 20 employees on a typical business day during the preceding calendar year. ...
    [Marrs-Gonzalez v. Oasis Lending, Inc., 2009 WL 2488300, (S.D. Fla. 2009)]

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