EBIA Weekly Archives - COBRA

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  1. Claim for Failure to Provide COBRA Notice Should Have Been Brought Under PHSA, Not ERISA
    From the March 18, 2010 EBIA Weekly
    The employee in this case took FMLA leave. When she left, her work as payroll supervisor for a school was up-to-date, but when she returned from leave, she found that employee benefits reconciliations had not been completed in ...
    [Kollstedt v. Princeton City Schools Bd. of Educ., 2010 WL 597825 (S.D. Ohio 2010)]
  2. DOL Posts New and Updated COBRA Premium Subsidy Notices; Updates Fact Sheet
    From the March 18, 2010 EBIA Weekly
    The DOL has updated its COBRA Premium Reduction Fact Sheet and issued new and revised model COBRA notices that incorporate the changes made by the Temporary Extension Act of 2010 (TEA), which recently extended through March 31, 2010 the eligibility ...
    [COBRA ARRA Updated Model Notices (Mar. 17, 2010); DOL Fact Sheet: COBRA Premium Reduction (Mar. 16, 2010)]
  3. No Disability Extension for Employee Who Failed to Give Timely Notice of SSA Determination
    From the March 11, 2010 EBIA Weekly
    The employee in this case was terminated a year after a nonwork-related disabling injury, and he and his spouse elected and paid for COBRA coverage for 18 months. The insurer for the employer’s group health plan accepted ...
    [Walker v. Rock-Tenn Converting Co., 2010 WL 551215 (S.D. Ala. 2010)]
  4. When is a qualified beneficiary considered entitled to Medicare for purposes of terminating COBRA coverage early?
    From the March 04, 2010 EBIA Weekly
    QUESTION: We understand that our group health plan can terminate a qualified beneficiary’s COBRA coverage early if he or she becomes entitled to Medicare after electing COBRA. When is a qualified beneficiary considered to be entitled to Medicare? ...
  5. DOL Releases Statistics on ERISA Benefit Plan Enforcement, Including COBRA Subsidy Statistics, for Fiscal Year 2009
    From the March 04, 2010 EBIA Weekly
    The DOL’s Employee Benefits Security Administration (EBSA), the agency that enforces Title I of ERISA, has released a Fact Sheet reflecting its fiscal year (FY) 2009 enforcement statistics. According to the Fact Sheet, the DOL’s total ...
    [DOL Fact Sheet (Feb. 25, 2010)]
  6. Legislation Extends COBRA Premium Subsidy Program One Month and Makes Subsidy Available for Certain Reductions of Hours
    From the March 04, 2010 EBIA Weekly
    Congress has passed, and the President has signed, the Temporary Extension Act of 2010 (Extension Act) which again extends and makes other changes to the COBRA premium subsidy program created by the American Recovery and Reinvestment Act of 2009 (ARRA). (...
    [Temporary Extension Act of 2010, Pub. L. No. 111-144 (Mar. 2, 2010)]
  7. COBRA Election Notice Presumed Received Based on Date-Stamped Evidence of Mailing by U. S. Postal Service
    From the February 25, 2010 EBIA Weekly
    The employee in this case was terminated after he didn’t return from leave taken under the Family and Medical Leave Act (FMLA). The employee sued his employer alleging that it had interfered with his right to FMLA leave ...
    [Hearst v. Progressive Foam Technologies, Inc., 2010 WL 143751 (E.D. Ark. 2010)]
  8. No COBRA Election Notice Was Required for Employee Who Canceled Her Insurance Coverage Shortly Before She Was Terminated
    From the February 18, 2010 EBIA Weekly
    The employee in this case was in a car accident before she was able to complete the 90-day waiting period for eligibility under her employer’s health plan. Nevertheless, the employer permitted the employee to enroll in its ...
    [Corzine v. EJL Enterprises Inc., 2010 WL 456691(S.D. Ill. 2010)]
  9. DOL Posts Updated Application and Instructions for Expedited Review of Denial of COBRA Subsidy
    From the February 18, 2010 EBIA Weekly
    The DOL has posted on its website an updated application and instructions to be used by individuals to request that the DOL review a denial of a COBRA premium subsidy. The COBRA premium subsidy, which was originally created by the ...
    [Application for Expedited Review of Denial of COBRA Premium Reduction (Feb. 17, 2010)]
  10. Penalties Awarded for Election Notice That Misstated Date of Qualifying Event and Date Existing Coverage Would Terminate
    From the February 11, 2010 EBIA Weekly
    The central factual issue in this long-running employment dispute was the date of the employee’s job termination, which controlled the date his employer-provided health insurance should have ended. The employer claimed that the employee (a commissioned ...
    [In re Olick, 2009 WL 5214583 (Bankr. E.D. Pa. 2009)]

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