How are COBRA rights impacted when an Employee terminates a spouse's or dependent's coverage in anticipation of divorce?
Where a covered Employee discontinues the coverage of a spouse in anticipation of a divorce or legal separation, the plan is required to make COBRA coverage available effective upon the date of the divorce or legal separation. The plan is not required to make coverage available for any period before the date of the divorce or legal separation.
The Qualified Beneficiary must notify the plan administrator within 60 days of the divorce or legal separation in order to be eligible for COBRA continuation coverage.
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