125 and Over-age Dependent COBRA

[Guest loricraun]

Please help me with this question.

An employee participates under his employer’s 125 Premium Conversion and Flexible Spending Account. His daughter is currently being covered under his Group Health policy, but during the plan year becomes ineligible due to her age (19 and not a student).

The employee elects COBRA continuation for her health insurance. This employer’s plan document does allow for “Outside Insurance Premiums” as a pre-tax deduction.

Can this employee run his daughter’s COBRA premiums through any of his employer’s pre-tax accounts? Does his daughter still qualify as an eligible dependent?

I think no, but wanted to get other opinions.