COBRA trigger

[Guest Damien B]

The reinsurer on a self-funded medical plan recently proposed to me the following language insert:

When the plan covers an Employee under an extended "leave of absence/total disability" continuation clause, and they no longer meet the definition of an Employee, the maximum continuation of coverage under the stop-loss contract will be equal to that of COBRA.

This means the covergae for an extended

"leave of absence/total disability" will run CONCURRENT with the allowable extension of coverage equal to COBRA. This time period should not exceed 29 months (exception for ESRD), the sum of all continuation of coveraqes after an employee is no longer active will not exceed 29 months.

To me this appears to set the COBRA trigger back to the day the employee went on leave rather than the day they terminated employment, effectively shortening their COBRA period gauranteed by law.

Any opinions?

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[Kirk Maldonado]

Doesn't that violate FMLA?