Guest JM123 Posted September 9, 2011 Posted September 9, 2011 Is anyone aware of any guidance on whether an outside COBRA administrator is a fiduciary under ERISA?
oriecat Posted September 9, 2011 Posted September 9, 2011 Why is this thread titled "COBRA Notice, Alternative coverage"?
Guest JM123 Posted September 9, 2011 Posted September 9, 2011 Why is this thread titled "COBRA Notice, Alternative coverage"? Oops - that was unintended.
Chaz Posted September 9, 2011 Posted September 9, 2011 I think the answer to your question depends on the activities that the COBRA administrator is doing. If it is making discretionary determinations (e.g., making gross misconduct determinations) it will be more likely to be a fiduciary but if it is making merely ministerial eligibility determinations based on the terms of the plan and COBRA (which will be the case the vast majority of the time), it is unlikely to be a fiduciary.
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