Company moves from Mini-COBRA to Federal COBRA

[Guest Jeremy_Davis]

Background; employer who was not subject to federal COBRA in 2009 is now going to be subject to Federal COBRA beginning 2010 because they are now above 20ee's on over 50% of the business days in 2009.

An employee terminated in 2009 when the carrier is still responsible for administering mini-COBRA, and elected under the Mimi-COBRA during 2009.

Once 2010 rolls around, does this COBRA participant stay with the carrier under mini-COBRA or would they now become the responsibility of the employer under the Federal COBRA regs?

Thanks very much!

Jeremy Davis

[jpod]

I am pretty certain that COBRA by its terms, or at least via the IRS' regulations, applies only if the plan was subject to COBRA at the time of the qualifying event. I can't speak to what the state mini-COBRA law says, but it would be quite unfortunate and indeed odd that state law mini-COBRA rights would be lost in 2010, in which case the participant is in no man's land.

[oriecat]

What state is it?

If the person is already off of the group plan, I don't see any way they could be added back on under these circumstances. How would they satisfy eligibility?

[leevena]

I am assuming that when you say "mini cobra" you mean state mandated cobra. I have worked under such (California) and the cobra participant does not lose anything. They just continue with the new.

Not knowing the particulars, I would suggest you check with your carrier rep, they should be able to tell you what is required in your state.