§300bb–5 Election

Summary

Sets when someone can choose to keep health-plan coverage after a qualifying event. The election period must start no later than the date coverage ends because of the event, last at least 60 days, and must stay open for at least 60 days after the later of the coverage end date or, if a person gets a required notice, the date of that notice. If one qualified person elects continuation for those who would lose coverage for the same event, that election counts for the others unless the election says otherwise. If the plan has different types of coverage, each person can pick the type they want. A person who becomes TAA-eligible but did not elect during the regular period may still elect during a 60-day window that starts on the first day of the month they become TAA-eligible, as long as they make the election no later than 6 months after the TAA-related loss of coverage. Coverage chosen then starts at the beginning of that 60-day window and does not cover earlier time. Election period — time allowed to choose continuation coverage. Nonelecting TAA-eligible individual — a TAA-eligible person who did not elect during the TAA election period. TAA-eligible individual — someone who meets the TAA recipient definitions in tax law. TAA-related election period — the 60-day election window tied to the TAA loss. TAA-related loss of coverage — losing health benefits because of separation from employment that makes someone TAA-eligible.