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We have a self-insured medical plan that includes 4 different medical options and a separate dental option. All options are contained in the same plan (1 plan document, 1 form 5500 filed for the plan), but the employee must make separate elections to be covered under both medical and dental. If an employee terminates and elects COBRA for medical coverage only -- he declined COBRA for dental even though he had dental coverage as an active employee -- must we allow the former employee to elect dental coverage at the next open enrollment period? I know he must be allowed to switch to a different medical option at OE if he desires, but if he doesn't have COBRA coverage for dental at the time of open enrollment, must he be allowed to elect dental at OE?

Posted

Never mind -- I found a reference to informal comments of the Joint Tax Committee on Employee Benefits where they said the answer is "yes", the former employee needs to be allowed to elect dental at open enrollment if he didn't previously elect COBRA for dental coverage.

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