Department of Labor and Regulation

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COBRA FAQ — When is a COBRA qualifying event notice required?

A group health plan is not required to act until it receives appropriate notice of a qualifying event. At that time the employer is required to notify the plan.

Group health plans are required to have procedures for how the covered employee or one of the qualified beneficiaries can provide notice of these types of qualifying events.

  • Must give 60 days after the qualifying event occurs to give notice.
  • The notice procedures must describe how and to whom notice should be given and what information must be included in the qualifying event notice.

If a group health plan does not have a reasonable procedure for how to provide these notices, qualified beneficiaries are permitted to give notice either written or oral to the person or unit that handles the employer's employee benefits matters.

If the plan is a multiemployer plan, notice can also be given to the joint board of trustees; and if the plan is administered by an insurance company, notice can be given to the insurance company.

 

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Division of Insurance
445 E. Capitol Avenue
Pierre, SD 57501
Tel. 605.773.3563
Fax. 605.773.5369