Title 29LaborRelease 119-73

§1165 Election

Title 29 › Chapter CHAPTER 18— - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— - PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— - Regulatory Provisions › Part part 6— - continuation coverage and additional standards for group health plans › § 1165

Last updated Apr 6, 2026|Official source

Summary

Allows people to choose to keep their health coverage after a qualifying event. The election period must start no later than the day coverage ends because of that event, last at least 60 days, and cannot end before 60 days after the later of the coverage end date or the date a person received required notice. If one qualified beneficiary elects continuation, that choice is treated as including other family members who would lose coverage unless the election says otherwise. If the plan has different types of coverage, each qualified beneficiary can pick their own type. If a person becomes TAA-eligible and did not elect coverage during the usual TAA election period, they may still elect continuation during a 60-day window that begins on the first day of the month they become TAA-eligible, but only if they make that election no later than 6 months after the TAA-related loss of coverage. Coverage starts at the beginning of that 60-day window and does not cover time before it. Definitions: nonelecting TAA-eligible individual (lost coverage and did not elect), TAA-eligible individual (an eligible TAA recipient or eligible alternative TAA recipient), TAA-related election period (the 60-day period tied to the loss), and TAA-related loss of coverage (loss of health benefits because of the job separation).

Full Legal Text

Title 29, §1165

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(a)For purposes of this part—
(1)The term “election period” means the period which—
(A)begins not later than the date on which coverage terminates under the plan by reason of a qualifying event,
(B)is of at least 60 days’ duration, and
(C)ends not earlier than 60 days after the later of—
(i)the date described in subparagraph (A), or
(ii)in the case of any qualified beneficiary who receives notice under section 1166(4) 11 See References in Text note below. of this title, the date of such notice.
(2)Except as otherwise specified in an election, any election of continuation coverage by a qualified beneficiary described in subparagraph (A)(i) or (B) of section 1167(3) of this title shall be deemed to include an election of continuation coverage on behalf of any other qualified beneficiary who would lose coverage under the plan by reason of the qualifying event. If there is a choice among types of coverage under the plan, each qualified beneficiary is entitled to make a separate selection among such types of coverage.
(b)(1)In the case of a nonelecting TAA-eligible individual and notwithstanding subsection (a), such individual may elect continuation coverage under this part during the 60-day period that begins on the first day of the month in which the individual becomes a TAA-eligible individual, but only if such election is made not later than 6 months after the date of the TAA-related loss of coverage.
(2)Any continuation coverage elected by a TAA-eligible individual under paragraph (1) shall commence at the beginning of the 60-day election period described in such paragraph and shall not include any period prior to such 60-day election period.
(3)With respect to an individual who elects continuation coverage pursuant to paragraph (1), the period—
(A)beginning on the date of the TAA-related loss of coverage, and
(B)ending on the first day of the 60-day election period described in paragraph (1),
(4)For purposes of this subsection:
(A)The term “nonelecting TAA-eligible individual” means a TAA-eligible individual who—
(i)has a TAA-related loss of coverage; and
(ii)did not elect continuation coverage under this part during the TAA-related election period.
(B)The term “TAA-eligible individual” means—
(i)an eligible TAA recipient (as defined in paragraph (2) of section 35(c) of title 26), and
(ii)an eligible alternative TAA recipient (as defined in paragraph (3) of such section).
(C)The term “TAA-related election period” means, with respect to a TAA-related loss of coverage, the 60-day election period under this part which is a direct consequence of such loss.
(D)The term “TAA-related loss of coverage” means, with respect to an individual whose separation from employment gives rise to being an TAA-eligible individual, the loss of health benefits coverage associated with such separation.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1166(4) of this title, referred to in subsec. (a)(1)(C)(ii), was redesignated as section 1166(a)(4) of this title by Pub. L. 101–239, title VII, § 7891(d)(1)(A)(ii)(I), Dec. 19, 1989, 103 Stat. 2445. section 2701 of the Public Health Service Act, referred to in subsec. (b)(3), was classified to section 300gg of Title 42, The Public Health and Welfare, was renumbered section 2704, effective for plan years beginning on or after Jan. 1, 2014, with certain exceptions, and amended, by Pub. L. 111–148, title I, §§ 1201(2), 1563(c)(1), formerly § 1562(c)(1), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 154, 264, 911, and was transferred to section 300gg–3 of Title 42. A new section 2701, related to fair health insurance premiums, was added and amended by Pub. L. 111–148, title I, § 1201(4), title X, § 10103(a), Mar. 23, 2010, 124 Stat. 155, 892, and is classified to section 300gg of Title 42.

Amendments

2002—Pub. L. 107–210 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1986—Par. (2). Pub. L. 99–514 inserted “of continuation coverage” after “any election” and inserted at end “If there is a choice among types of coverage under the plan, each qualified beneficiary is entitled to make a separate selection among such types of coverage.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–210 applicable to petitions for certification filed under part 2 or 3 of subchapter II of chapter 12 of Title 19, Customs Duties, on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding section 2271 of Title 19.

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–514 effective, except as otherwise provided, as if included in enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. 99–272, see section 1895(e) of Pub. L. 99–514, set out as a note under section 162 of Title 26, Internal Revenue Code.

Construction

of 2002 AmendmentNothing in amendment by Pub. L. 107–210, other than provisions relating to COBRA continuation coverage and reporting requirements, to be construed as creating new mandate on any party regarding health insurance coverage, see section 203(f) of Pub. L. 107–210, set out as a

Construction

note under section 35 of Title 26, Internal Revenue Code. Plan

Amendments

Not Required Until January 1, 1989For provisions directing that if any

Amendments

made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1165

Title 29Labor

Last Updated

Apr 6, 2026

Release point: 119-73