COBRA Court Cases
Gross Misconduct
COBRA regulations permit an employer to deny COBRA benefits to an employee who has been terminated for gross misconduct. Read more...
Domestic Partners
The Defense of Marriage Act of 1996 clearly states that a spouse includes only a person of the opposite sex who is a husband or wife of the covered employee.
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Oral Delivery of COBRA Notice
The court ruled that an employer satisfied the requirements of COBRA by giving an employee oral notice of the right to continue group health coverage under COBRA.
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Plan Documents Must State 60 Day COBRA Election Period
Plan administrators should note that COBRA’s regulations require a minimum of a 60-day election period, but do not prohibit allowing a longer election period. Employers should review plan documents to confirm that the 60-day election period is expressly stated.
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Retroactive Demand for COBRA Premium
The administrator of the employer’s health plan acted properly when it required a former employee to pay premiums retroactive to his termination.
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Improperly Worded COBRA Notice
A federal court ruled an employer was liable for sending an insufficient COBRA notification form.
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Statute of Limitations for COBRA Lawsuits
The Fourth Circuit upheld a lower court judgment that a Consolidated Omnibus Budget Reconciliation Act (COBRA) notification claim brought in West Virginia was barred by a one-year statute of limitations.
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Decline COBRA, Then Make A COBRA Payment
A former employee properly secured COBRA continuation coverage even though she paid the premium to a carrier whose contract with the plan sponsor was ending.
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