taylorjeff
Mar 31 2009, 12:54 PM
Employee loses health coverage due to employer moving him to part-time (reduction in hours). At first glance, I would think that the new COBRA subsidy would apply. It is a termination from or "involuntary loss" of coverage. In a sense, they are being termed from full time employment with health coverage and moved to a PT job without. But, does this really meet the definition of "involuntary terminition of employment"? After reviewing the DOL website, I can find no support for this interpretation. Has anybody seen anything related to this?
Thanks!
jpod
Mar 31 2009, 01:02 PM
No; there must be a termination of employment. However, at the webcast last week the IRS said that future guidance will probably say that if an employee quits as a result of that type of action by the employer, the quit will be viewed as an "involuntary termination." I would wait for the guidance before acting on this, however.
401 Chaos
Mar 31 2009, 01:46 PM
See the presentation around 1 hour and 14 minutes in for the general discussion jpod references. They are pretty clear that a reduction in hours in itself is not an involuntary termination of employment (unless it goes all the way to zero hours) and thus would not itself trigger the subsidy.
taylorjeff
Apr 2 2009, 12:37 PM
Thanks to both of you for your help!
JanetM
Apr 2 2009, 12:50 PM
Q3 under involuntary term - page 6
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