COBRA Election and Notice Deadlines: Don't Miss These 5 Dates
COBRA runs on a chain of strict deadlines. Here are the five dates employers and plan administrators have to hit to stay compliant.
By Nora Ellison · Senior HR Compliance Writer
Reviewed by theComplianceToolsLibrary Editorial Team · · 5 min read
COBRA lets employees and their families keep group health coverage for a limited time after a qualifying event such as job loss or a reduction in hours. For employers with 20 or more employees, the rules are mostly about hitting a sequence of deadlines on time.
Miss a notice deadline and you can face statutory penalties and personal liability for claims. Here are the five dates that matter most.
The five key deadlines
COBRA's timeline links several parties — the employer, the plan administrator, and the qualified beneficiary:
- Employer notifies the plan administrator of a qualifying event: within 30 days.
- Plan administrator sends the election notice to qualified beneficiaries: within 14 days of being notified (44 days if the employer is also the administrator).
- Qualified beneficiary elects coverage: within 60 days of the later of the notice date or coverage-loss date.
- First premium payment: within 45 days of the election.
- Subsequent premiums: by the end of a 30-day grace period each month.
Don't forget the general (initial) notice
Separate from the election notice, plans must give each covered employee and spouse a general notice of COBRA rights within the first 90 days of coverage. It's easy to overlook because it happens at enrollment, long before any qualifying event.
Coverage duration
Continuation coverage generally lasts 18 months for termination or reduction in hours, and up to 36 months for certain events such as divorce or a dependent aging out. A disability extension can stretch the 18-month period to 29 months.
Sources
Frequently asked questions
How long does an employee have to elect COBRA?
At least 60 days, measured from the later of the date coverage is lost or the date the election notice is provided.
How quickly must an employer send the COBRA election notice?
The plan administrator must furnish it within 14 days of being notified of the qualifying event. If the employer is also the plan administrator, the combined deadline is generally 44 days from the qualifying event.
How long does COBRA coverage last?
Generally 18 months after termination or reduced hours, and up to 36 months for events like divorce or loss of dependent status. A disability extension can extend the 18 months to 29.