Reg. § 54.4980B-1 COBRA in general.
The COBRA continuation coverage requirements are described in general in the following questions-and-answers:
Q-1: What are the health care continuation coverage requirements contained in section of the Internal Revenue Code and in ERISA?
A-1:
(a) Section provides generally that a group health plan must offer each qualified beneficiary who would otherwise lose coverage under the plan as a result of a qualifying event an opportunity to elect, within the election period, continuation coverage under the plan. The continuation coverage requirements were added to section by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), Public Law 99-272 (100 Stat. 222), and moved to section by the Technical and Miscellaneous Revenue Act of 1988, Public Law 100-647 (102 Stat. 3342). Continuation coverage required under section is referred to in through as COBRA continuation coverage.
(b) COBRA also added parallel continuation coverage requirements to Part 6 of Subtitle B of title I of the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. 1161-1168), which is administered by the U.S. Department of Labor. If a plan does not comply with the COBRA continuation coverage requirements, the Internal Revenue Code imposes an excise tax on the employer maintaining the plan (or on the plan itself), whereas ERISA gives certain parties—including qualified beneficiaries who are participants or beneficiaries within the meaning of title I of ERISA, as well as the Department of Labor—the right to file a lawsuit to redress the noncompliance. The rules in through apply for purposes of section and generally also for purposes of the COBRA continuation coverage requirements in title I of ERISA. However, certain provisions of the COBRA continuation coverage requirements (such as the definitions of group health plan, employee, and employer) are not identical in the Internal Revenue Code and title I of ERISA. In those cases in which the statutory language is not identical, the rules in through nonetheless apply to the COBRA continuation coverage requirements of title I of ERISA, except to the extent those rules are inconsistent with the statutory language of title I of ERISA.
(c) A group health plan that is subject to section (or the parallel provisions under ERISA) is referred to as being subject to COBRA. (See Q&A-4 of ). A qualified beneficiary can be required to pay for COBRA continuation coverage. The term qualified beneficiary is defined in Q&A-1 of . The term qualifying event is defined in Q&A-1 of . COBRA continuation coverage is described in . The election procedures are described in . Duration of COBRA continuation coverage is addressed in , and payment for COBRA continuation coverage is addressed in . contains special rules for how COBRA applies in connection with business reorganizations and employer withdrawals from a multiemployer plan, and addresses how COBRA applies for individuals who take leave under the Family and Medical Leave Act of 1993. Unless the context indicates otherwise, any reference in through to COBRA refers to section (as amended) and to the parallel provisions of ERISA.
Q-2: What standard applies for topics not addressed in through ?
A-2: For purposes of section , for topics relating to the COBRA continuation coverage requirements of section that are not addressed in through (such as methods for calculating the applicable premium), plans and employers must operate in good faith compliance with a reasonable interpretation of the statutory requirements in section .
[T.D. 8812, 64 FR 5173, Feb. 3, 1999; 64 FR 14382, Mar. 25, 1999, as amended by T.D. 8928, 66 FR 1849, Jan. 10, 2001]