COBRA and Military Leave

[waid10]

We have an employee named Jim that had family health coverage. He terminated employment and elected COBRA for his family in July 2004. He was on active military duty Oct 2004 through February 2005. During the time of active duty, the health insurer took Jim off of the plan and placed the coverage in Jim's wife's name, who continue family coverage. Jim has returned from Iraq and is no longer on active duty. He wants to be included on the family coverage.

The health insurer has asked if they should just put him back on the Plan and the 18 month period continues to run (from July 2004)?

OR

Is Jim entitled to additional months of COBRA coverage for the time he was on active duty?

Thanks.

[Sandra Pearce]

If Jim asked to be dropped during his military service because he was enrolled in US military coverage, then his return and discharge from the service would terminate that coverage and that would be a loss of coverage; therefore, he would be eligible for special enrollment in the health plan. This would not change the amount of time that he or his family members are eligible for COBRA continuation.

[Guest BruceCM]

I have not encountered this, so not exactly sure, but continuation of the former ER's group coverage should continue for the remaining 13 months, as this has not been an additional expense to the former ER.

What confuses me is your comment about his spouse. While Active, she should be eligible for Tricare Prime, as should any children...and under COBRA continuation coverage, I do not beleive the insured can be eligible for coverage elsewhere.