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Post-Employment Insurance: Your Rights Under COBRA


If an employer reduces your working hours to a point that makes you ineligible for group health coverage, refuses to negotiate continued health benefits as part of a severance package, or fails to notify you of the existence of such benefits, contact the personnel office immediately to protect your rights. If the employer refuses to offer continued COBRA benefits after a discharge for any reason, consult an experienced employment lawyer immediately.

Other points to remember are:

  1. A company's hands may not be tied in the event that a group health plan is modified or eliminated; an employer may be permitted to change or eliminate a current plan provided all qualifying beneficiaries and covered employees are allowed to participate similarly under new plans, if any.
  2. Coverage for adopted children, children born out of wedlock, and other dependents has been expanded under the Omnibus Budget Reconciliation Act of 1993 and recent court decisions.
  3. Speak to a lawyer if you or a dependent is excluded from COBRA protection because of the existence of a secondary health plan or other factors, such as because of an alleged discharge for gross misconduct.
  4. Never waive your COBRA rights when accepting severance payments or signing a release after a discharge.
  5. Be sure the company notifies you in a timely fashion so you can make the election properly before the short period of employer-provided coverage expires.
Copyright 1998 Steven M. Sack

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