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COBRA Does Not Apply To Domestic Partners
Many group health plans now provide domestic partner coverage, not only for an employee's unmarried partner of the same or opposite sex, but also for the dependents of these partners. It is important then, that the COBRA plan administrator understand the implications under Federal COBRA.
Generally, COBRA requires a group health plan to provide COBRA continuation coverage when certain events cause a covered employee, spouse, and/or dependent child to lose coverage under the group health plan. Qualifying events include termination of employment, reduction in hours of employment, divorce, legal separation, and child ceasing to be a dependent under the terms of the plan.
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. Thus, a same-sex domestic partner cannot qualify as the employee's spouse. Since COBRA continuation coverage can be made available only to “qualified beneficiaries”, which includes the covered employee, spouse and dependent children, the domestic partner is not entitled to elect COBRA coverage.
The plan administrator should consult with the insurance carrier to confirm the plan’s documents clearly state coverage (and coverage limitations) with respect to domestic partners.
The employer should maintain and follow COBRA procedures, including maintaining an up-to-date COBRA Procedures Manual and COBRA Notices in order to insure COBRA compliance.
©2007 CobraAid
CobraAid is not engaged in the rendering of legal advice. This article should not be considered legal advice. The information contained in this article is subject to change and should be used for information purposes only. If legal advice is needed, seek competent counsel.
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