29 U.S.C. § 1165

Election

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(a) In generalFor purposes of this part—(1) Election periodThe 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) Effect of election on other beneficiaries

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) Temporary extension of COBRA election period for certain individuals(1) In general

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) Commencement of coverage; no reach-back

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) Preexisting conditionsWith 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),shall be disregarded for purposes of determining the 63-day periods referred to in section 1181(c)(2) of this title, section 2701(c)(2) of the Public Health Service Act,¹ and section 9801(c)(2) of title 26.(4) DefinitionsFor purposes of this subsection:(A) Nonelecting TAA-eligible individualThe 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) TAA-eligible individualThe 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) TAA-related election period

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) TAA-related loss of coverage

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.

(Pub. L. 93–406, title I, § 605, as added Pub. L. 99–272, title X, § 10002(a), Apr. 7, 1986, 100 Stat. 230; amended Pub. L. 99–514, title XVIII, § 1895(d)(5)(B), Oct. 22, 1986, 100 Stat. 2939; Pub. L. 107–210, div. A, title II, § 203(e)(1), Aug. 6, 2002, 116 Stat. 969.)Editorial NotesReferences 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 SubsidiariesEffective Date of 2002 Amendment

Amendment 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 Amendment

Amendment 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 Amendment

Nothing 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, 1989

For 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.

Notes of Decisions

Cited in 51 cases (4 in the last 5 years), 1990–2025 · leading case: Conery v. Bath Assocs., 803 F. Supp. 1388 (N.D. Ind. 1992).

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Conery v. Bath Assocs., 803 F. Supp. 1388 (N.D. Ind. 1992). · cites it 8× “A qualified beneficiary has at least sixty days after the termination of coverage under a benefit plan to elect continuation coverage; 29 U.S.C. § 1165 (1). -A qualified beneficiary must be afforded sixty days from the later of the termination of coverage or the receipt of…”

Lifecare Hospitals, Inc. v. Health Plus of Louisiana, Inc., 418 F.3d 436 (5th Cir. 2005). · cites it 3× “Health Plus bases its argument on the assumption that 29 U.S.C. § 1165 provides a default election period of 60 days — the parties may contract to lengthen it but they may not shorten it.”

Smith v. Rogers Galvanizing Co., 128 F.3d 1380 (10th Cir. 1997). · cites it 3× “By failing to provide plaintiffs with this information, defendant did not fulfill its fiduciary obligation to them.”

Phillips v. Riverside, Inc., 796 F. Supp. 403 (E.D. Ark. 1992). · cites it 3× “29 U.S.C. §§ 1165 (1), 1166(a)(4) and (c), 1167(3)(B).”

Branch v. G. Bernd Co., 764 F. Supp. 1527 (M.D. Ga. 1991). · cites it 4× “29 U.S.C. § 1165 (1)(B & C). 11 Just nine or ten days after the election period began, Mr.”

Terry McDowell Individually & in His Capacity as of the Last Will of Sharon Sidovar v. John Raymond Krawchison Winton Road Chiropractic Ctr., Inc., 125 F.3d 954 (6th Cir. 1997). · cites it 2× “29 U.S.C. § 1165 (2). The covered spouse often may be a qualified beneficiary where the covered employee is not: a covered spouse is specifically defined as a qualified beneficiary, 29 U.”

Lincoln Gen. Hosp. v. Blue Cross/blue Shield of Nebraska, 963 F.2d 1136 (8th Cir. 1992). · cites it 2× “29 U.S.C. § 1165 (1)(C)(ii). Providing appropriate notice is a key requirement under COBRA.”

David & Carolyn Gaskell v. The Harvard Coop. Soc'y, David & Carolyn Gaskell v. The Harvard Coop. Soc'y, 3 F.3d 495 (1st Cir. 1993). “See 29 U.S.C. § 1165 (1)(A) ("election period .”

Hamilton v. Mecca, Inc., 930 F. Supp. 1540 (S.D. Ga. 1996). · cites it 2× “See 29 U.S.C. §§ 1165 (1), 1166(a)(4), 1167(3)(B); Plaintiffs Exh.”

Julio A. Mercado-Garcia, Maria Del Carmen Avila Mugica, & Their Marital Conjugalship v. Ponce Fed. Bank, 979 F.2d 890 (Fed. Cir. 1992). “29 U.S.C. § 1165 (l)(C)(ii). See Communications Workers of America, Dist.”

Tamera Herrmann v. Cencom Cable Assocs., Inc., 978 F.2d 978 (7th Cir. 1992). “Section 605(1), 29 U.S.C. § 1165 (1). Having opted in, employees must pay the first premium within 45 days.”

Sarah Fink v. Dakotacare Dakotacare Admin. Servs., Inc. Platte Cmty. Mem'l Hosp., Inc., 324 F.3d 685 (8th Cir. 2003). “” That advice was erroneous — Platte’s group health plan had not terminated, and Sarah was at least arguably entitled to a new continuation coverage election period under 29 U.S.C. § 1165 (l)(C)(ii). In these circumstances, summary judgment was improper because the district…”

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