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Eighth Circuit: Former Employee Entitled to COBRA Coverage by Sending in Check, Despite Having Declined Coverage (PDF)
U.S. Court of Appeals for the Eighth Circuit via FindLaw 
[Opinion] Apr. 8, 2003 10 pages. Excerpt: Under COBRA amendments to ERISA, plaintiff was entitled to continuation coverage as her mother made a proper payment to an ERISA fiduciary in accordance with the plan in effect at the time the payment was made. Once she did so, it was up to the responsible ERISA fiduciary to apply that payment so that coverage was maintained. [Fink v. DakotaCare, No. 02-1679 (8th Cir. Mar. 31, 2003)] MORE >> |
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