EBIA Weekly Archives - COBRA - Court Cases
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Results (265 articles found)
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- Court Addresses Start Date for 60-Day COBRA Election Period
- From the February 28, 2008 EBIA Weekly
- After returning from twelve weeks of Family and Medical Leave Act (FMLA) leave, the employee in this case was terminated for misrepresentations he made about his inability to work while on leave. He then sued his employer for, among other ...
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- No COBRA Notice Required at End of Combined FMLA/Non-FMLA Leave for Employee Who Did Not Pay Premiums While on Leave
- From the January 03, 2008 EBIA Weekly
- The employee in this case took a leave of absence under the Family and Medical Leave Act (FMLA) that the employer allowed to continue for over six months—longer than required by the FMLA. During the leave, the employee ...
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- Court Considers 44-Day Timeline for COBRA Election Notices
- From the December 20, 2007 EBIA Weekly
- For COBRA qualifying events like termination of employment and reduction in hours, a plan administrator’s 14-day election notice deadline is not triggered until the plan administrator receives notice of the qualifying event from the employer. Under the ...
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- Employer's Gross Misconduct Defense Fails, but Court Severely Limits Employee's Recovery
- From the December 13, 2007 EBIA Weekly
- Terminated employees who bring wrongful termination lawsuits frequently allege COBRA violations and seek $110 per day in statutory penalties plus attorney’s fees. The employee in this case did just that. In this decision, the court explained its rationale ...
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- Paid Leave Was a Reduction of Hours Triggering COBRA Rights
- From the November 29, 2007 EBIA Weekly
- In this case, an employee injured in an auto accident used accrued time off to take paid medical leave under the Family and Medical Leave Act (FMLA). The employer continued his group health plan coverage, as required by the FMLA. ...
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- COBRA Coverage May Be Terminated If Qualified Beneficiary Fails to Re-Enroll During Open Enrollment
- From the November 08, 2007 EBIA Weekly
- The group health plan in this case required all participants, including both active employee participants and COBRA qualified beneficiaries, to re-enroll in the plan every year during the plan’s two-week open enrollment period in early November. ...
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- Failure to Provide Election Notice to Spouse Violated COBRA but Penalties Against Employer Were Not Justified
- From the October 25, 2007 EBIA Weekly
- When the employee in this case was terminated, his employer provided a COBRA election notice by sending a letter to the employee, explaining that he could elect COBRA for himself and his dependents. The employee then elected COBRA coverage for ...
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- Statute of Limitations for COBRA Penalties Claims Begins to Run When Election Notice Deadline Expires
- From the October 18, 2007 EBIA Weekly
- The employees in this case, who were terminated in a reduction in force, sued their former employer for COBRA penalties (of up to $110 per day) because their election notices were furnished to them after the statutorily required 44-day ...
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- Health Care Corporation's Plan Not Exempt From COBRA as Church Plan
- From the October 11, 2007 EBIA Weekly
- The employer in this case, a health care provider with certain religious affiliations, fired an employee but did not offer her an election to continue her group health plan coverage under COBRA. The employee sued for COBRA coverage, but the ...
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- TPA That Canceled COBRA Coverage for Nonpayment Was Not an ERISA Fiduciary
- From the October 04, 2007 EBIA Weekly
- In this case, a qualified beneficiary alleged that the plan’s third-party claims administrator, which was also responsible for COBRA administration, breached its fiduciary duties when it canceled her COBRA coverage for nonpayment of premiums. (We have reported ...
