At the end of November, I had the good fortune to be able to arrange new employment for myself before the old employer got around to determining that I was expendable. I am happy and grateful to be employed and should count my blessings, but…
My (unmarried) Significant Other was covered under my health insurance at my previous job. At the new job, no such luck. In the course of negotiating my salary and benefits package, when it turned out they were unable to cover her, I asked for and received enough additional income to pay her COBRA. We figured that by the end of the 18 months of COBRA eligibility we’d figure out some way of obtaining private coverage for her medications (she has Medicare as a result of disability but Medicare doesn’t do prescription meds).
Now the old employer is telling the Cobra administration company that they don’t support dependents being covered except as an adjunct to the former employee’s coverage, and they negated the independent COBRA sign-up that she did.
And the question? Well, in March I’ll be eligible for health insurance coverage at the new job. At that point I would not want to pay COBRA for myself and furthermore I don’t think I’d be allowed to even if I did want to. Is my SO entitled to COBRA coverage for 18 months insofar as she was covered, through me, while I worked at my previous job? Once my COBRA coverage terminates in March, what does she do to ensure continued coverage for herself?
Each covered beneficiary under an employer’s health plan has a independent right to COBRA coverage. Even if you don’t want the COBRA coverage your wife or kids are eligible if they were covered under your former employer’s health plan. Once the 18 months is up she is no longer eligible for COBRA and will have to find coverage elsewhere. She would no longer be eligible for COBRA if she became covered under another plan during those 18 months. The exceptions to the 18 month rule are if she were to become disabled while on COBRA, in which case she would be eligible for 29 months of coverage (I think it’s 29 months, which would take her up to her eligibility for Medicare), or if you were to divorce her, in which case she would be eligible for a total of 36 months of COBRA. I’m pretty sure your former employer is in violation of COBRA by telling the COBRA admin that your wife is not eligible for COBRA unless you elect it. You might want to contact your state’s insurance commisioner.
The COBRA administration company is taking the position that an employee’s (unmarried) significant other is “not a qualified beneficiary” and is therefore not independently entitled to COBRA.
I am trying to contact the Department of Labor to see if this is a FAQ for which the answer is clearly established (bad or good) but contacting the DOL is starting to seem a bit more complicated than obtaining a personal audience with John Paul II. (Most of their phone numbers go to phone trees that are dedicated to unemployment benefits and nothing but; the few live people I have reached know in a vague sort of way that DOL does have something to do with COBRA but definitely not in their division).
:mad:
Ave Minerva, you used the word “wife” in your post. Is your advice accurate (as far as you know) given that we are not a married couple?
A COBRA qualifying event (Which was your termination from your previous employer) grants all members (employees & dependents) the right to elect new benefits. They could elect coverage through your new employer, their own employer (If your SO has one), purchasing on their own, or electing COBRA.
And each member can do what they want; i.e you could go to your new employer’s coverage, your SO could go on COBRA, Child 1 could go buy their own coverage, etc…
I’d definately talk to the state insurance commisioner. Playing with COBRA law is a no-no.
The Pension and Welfare Benefits Administration seems pretty sure that Federal law doesn’t consider her a “qualified beneficiary” either.
I’m really trying to get in touch with a gay/lesbian civil rights / legal advice & advocacy group, since it seems to me they’d be most likely to know if there’s any room for doubt in our favor here.
Well, here’s a link that addresses the COBRA/Qualified Beneficiary status of unmarried SOs. Not the answer you wanted. Scroll about half way down the article to the “COBRA Problem” heading. I misread your OP and missed the “unmarried” part.
I think the question has been answered so I am a little late to the game, but I bet the Defense of Marriage Act (DOMA as it is sometimes known) plays a part in the PWBA’s analysis.
I’ve got absolutely no knowledge of COBRA (other than mine would’ve been expensive!) but some of sort-term health insurance options–
I had to quit my job in one state (we were moving to another) and needed health insurance for only a very short time (like 3 months). I was inclined to go without (we’re healthy, after all) but my husband wasn’t. We could’ve used COBRA, but it was going to cost us over $1000 for the three months. Instead, we checked with American Family. Success - they’ve a short-term health insurance option. It only lasts for 6 months, but it seemed comprehensive. State Farm offers a similar short-term health insurance option. If your SO needs insurance only for a short time, one of these might be the way to go. I’ve no idea if her pre-existing condition will be a factor or not, but it’s a good option. I think it cost me only $250 or so for the three-month coverage.
Check with one of the above to see if they have what you need, and good luck.
:mad: