Timing of sending the initial COBRA notice

[Mary C]

We have implemented a new enrollment process where the newly eligible enrollment notice and all applicable SPD's are on a CD that is sent to eligible employees after one month of service. This mailing includes the initial COBRA notice in the health care SPD. As we read the regs, they specify that the initial notice must be sent within 90 days after enrollment. Since the CD and notice are sent PRIOR to enrollment is there any problem here?

[J Simmons]

I think you are okay. The regs say 'not later than'. No front end for a timeframe is specified. See DoL Regs § 2590.606-1(1)(i).

[SLuskin]

What do you do about family members who must also receive the initial notice? Is the CD sent to the employee's home and addressed to the employee and any participating family members?

[J Simmons]

A copy of that notice would need to be sent to each last known address where the EE, spouse or other qualifying dependent resides. If the EE and spouse reside at the same residence, it must be addressed to each of them. It is not necessary to address the names of dependent children that also reside at that address.

However, it may be simpler and easier, as noted in another thread not long ago, to simply address and mail out separate notices to each EE, spouse and dependent, even though that means multiple notices are sent to the same address.