29 U.S.C. § 1166

Notice requirements

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(a) In generalIn accordance with regulations prescribed by the Secretary—(1) the group health plan shall provide, at the time of commencement of coverage under the plan, written notice to each covered employee and spouse of the employee (if any) of the rights provided under this subsection,(2) the employer of an employee under a plan must notify the administrator of a qualifying event described in paragraph (1), (2), (4), or (6) of section 1163 of this title within 30 days (or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan) of the date of the qualifying event,(3) each covered employee or qualified beneficiary is responsible for notifying the administrator of the occurrence of any qualifying event described in paragraph (3) or (5) of section 1163 of this title within 60 days after the date of the qualifying event and each qualified beneficiary who is determined, under title II or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.], to have been disabled at any time during the first 60 days of continuation coverage under this part is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled, and(4) the administrator shall notify—(A) in the case of a qualifying event described in paragraph (1), (2), (4), or (6) of section 1163 of this title, any qualified beneficiary with respect to such event, and(B) in the case of a qualifying event described in paragraph (3) or (5) of section 1163 of this title where the covered employee notifies the administrator under paragraph (3), any qualified beneficiary with respect to such event,of such beneficiary’s rights under this subsection.(b) Alternative means of compliance with requirements for notification of multiemployer plans by employers

The requirements of subsection (a)(2) shall be considered satisfied in the case of a multiemployer plan in connection with a qualifying event described in paragraph (2) of section 1163 of this title if the plan provides that the determination of the occurrence of such qualifying event will be made by the plan administrator.

For purposes of subsection (a)(4), any notification shall be made within 14 days (or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan) of the date on which the administrator is notified under paragraph (2) or (3), whichever is applicable, and any such notification to an individual who is a qualified beneficiary as the spouse of the covered employee shall be treated as notification to all other qualified beneficiaries residing with such spouse at the time such notification is made.

(Pub. L. 93–406, title I, § 606, as added Pub. L. 99–272, title X, § 10002(a), Apr. 7, 1986, 100 Stat. 230; amended Pub. L. 99–509, title IX, § 9501(d)(2), Oct. 21, 1986, 100 Stat. 2077; Pub. L. 99–514, title XVIII, § 1895(d)(6)(B), Oct. 22, 1986, 100 Stat. 2939; Pub. L. 101–239, title VI, § 6703(c), title VII, § 7891(d)(1)(A), Dec. 19, 1989, 103 Stat. 2296, 2445; Pub. L. 104–191, title IV, § 421(b)(2), Aug. 21, 1996, 110 Stat. 2088.)Editorial NotesReferences in Text

The Social Security Act, referred to in subsec. (a)(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of the Social Security Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1996—Subsec. (a)(3). Pub. L. 104–191 substituted “at any time during the first 60 days of continuation coverage under this part” for “at the time of a qualifying event described in section 1163(2) of this title”.

1989—Pub. L. 101–239, § 7891(d)(1)(A)(ii), designated first sentence as subsec. (a), added subsec. (b), designated second sentence as subsec. (c), and substituted “For purposes of subsection (a)(4)” for “For purposes of paragraph (4)”.

Pub. L. 101–239, § 7891(d)(1)(A)(i)(II), inserted in last sentence “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)” after “14 days”.

Pub. L. 101–239, § 7891(d)(1)(A)(i)(I), inserted “(or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan)” after “30 days” in par. (2).

Pub. L. 101–239, § 6703(c), inserted “and each qualified beneficiary who is determined, under title II or XVI of the Social Security Act, to have been disabled at the time of a qualifying event described in section 1163(2) of this title is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled” before comma in par. (3).

1986—Par. (2). Pub. L. 99–509 substituted “(4), or (6)” for “or (4)”.

Par. (3). Pub. L. 99–514 inserted “within 60 days after the date of the qualifying event”.

Par. (4)(A). Pub. L. 99–509 substituted “(4), or (6)” for “or (4)”.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by Pub. L. 104–191 effective Jan. 1, 1997, regardless of whether qualifying event occurred before, on, or after such date, see section 421(d) of Pub. L. 104–191 set out as a note under section 4980B of Title 26, Internal Revenue Code.

Effective Date of 1989 Amendment

Amendment by section 6703(c) of Pub. L. 101–239 applicable to plan years beginning on or after Dec. 19, 1989, regardless of whether the qualifying event occurred before, on, or after such date, see section 6703(d) of Pub. L. 101–239, set out as a note under section 1162 of this title.

Amendment by section 7891(d)(1)(A) of Pub. L. 101–239 applicable with respect to plan years beginning on or after Jan. 1, 1990, see section 7891(d)(1)(C) of Pub. L. 101–239, set out as a note under section 4980B of Title 26, Internal Revenue Code.

Effective Date of 1986 Amendments

Amendment by Pub. L. 99–514 applicable only with respect to qualifying events occurring after Oct. 22, 1986, see section 1895(d)(6)(D) of Pub. L. 99–514, set out as a note under section 162 of Title 26, Internal Revenue Code.

Amendment by Pub. L. 99–509 effective, except as otherwise provided, as if included in title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. 99–272, see section 9501(e) of Pub. L. 99–509, set out as a note under section 162 of Title 26.

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.

Notification to Covered Employees

Pub. L. 99–272, title X, § 10002(e), Apr. 7, 1986, 100 Stat. 232, provided that: “At the time that the amendments made by this section [enacting this part and amending section 1132 of this title] apply to a group health plan (within the meaning of section 607(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1167(1)]), the plan shall notify each covered employee, and spouse of the employee (if any), who is covered under the plan at that time of the continuation coverage required under part 6 of subtitle B of title I of such Act [this part]. The notice furnished under this subsection is in lieu of notice that may otherwise be required under section 606(1) of such Act [29 U.S.C. 1166(1)] with respect to such individuals.”

Notes of Decisions

Cited in 265 cases (39 in the last 5 years), 1988–2026 · leading case: Rodriguez v. Int'l Coll. of Bus. & Tech., Inc., 364 F. Supp. 2d 40 (D.P.R. 2005).

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Rodriguez v. Int'l Coll. of Bus. & Tech., Inc., 364 F. Supp. 2d 40 (D.P.R. 2005). · cites it 17× “, alleging that defendant International College of Business and Technology d/b/a International Junior College (“International College”) violated Consolidated Omnibus Budget Reconciliation Act’s (COBRA), 29 U.S.C. § 1166 , et seq., notification and documentation requirements.”

Van Hoove v. Mid-Am. Bldg. Maint., Inc., 841 F. Supp. 1523 (D. Kan. 1993). · cites it 15× “, (“Mid-America”) failed to comply with the notice requirements of 29 U.S.C. § 1166 . Plaintiff seeks to recover damages, prejudgment interest, attorney’s fees, and a $100 per day penalty under ERISA’s civil enforcement provision, 29 U.”

Conery v. Bath Assocs., 803 F. Supp. 1388 (N.D. Ind. 1992). · cites it 8× “29 U.S.C. § 1166 . A qualified beneficiary has at least sixty days after the termination of coverage under a benefit plan to elect continuation coverage; 29 U.”

Lincoln Gen. Hosp. v. Blue Cross/blue Shield of Nebraska, 963 F.2d 1136 (8th Cir. 1992). · cites it 9× “This period begins on the date on which coverage terminates by reason of a “qualifying event” and lasts at least 60 days, ending, in the case of a qualified beneficiary who receives notice under 29 U.S.C. § 1166 (a)(4), no earlier than 60 days after the date that the required…”

Jimmy Stanton v. Larry Fowler Trucking, Inc., Jimmy Stanton v. Larry Fowler Trucking, Inc., 52 F.3d 723 (8th Cir. 1995). · cites it 7× “, determining Fowler Trucking had the burden of proving Stanton received notice required by 29 U.S.C. § 1166 (a)(4) (1988), and determining Fowler Trucking did not meet this burden; awarding attorney’s fees to Stanton; and failing to award Fowler Trucking attorney’s fees.”

David Hager v. Todd G. Rowan, 903 F.3d 460 (5th Cir. 2018). · cites it 3× “25 29 U.S.C. § 1166 (a)(4) commands plan administrators to inform former employees of their COBRA rights.”

Melody Edwardsen Phillips v. Saratoga Harness Racing, Inc., 240 F.3d 174 (2d Cir. 2001). · cites it 6× “29 U.S.C. § 1166 (a)(3). The employee’s notice to the employer then obligates the employer to notify the beneficiary being terminated.”

Phillips v. Riverside, Inc., 796 F. Supp. 403 (E.D. Ark. 1992). · cites it 5× “Under 29 U.S.C. § 1166 (a)(1), covered employees and their spouses must be notified of their rights under COBRA at the time of commencement of coverage under the plan.”

Oreste Kidder & Thelma Kidder v. H & B Marine, Inc., 932 F.2d 347 (5th Cir. 1991). · cites it 4× “29 U.S.C.A. § 1166 (a) (footnotes omitted; emphasis added).”

Delcastillo v. Odyssey Resource Mgmt., Inc., 431 F.3d 1124 (8th Cir. 2005). · cites it 6× “” 29 U.S.C. § 1166 (a)(1). Those rights include the sponsoring employer’s obligation to offer continuation coverage to employees and their spouses for at least eighteen months following a “qualifying event” that results in a loss of group health plan coverage.”

Kwan v. The Andalex Grp. LLC, 737 F.3d 834 (2d Cir. 2013). “by failing to notify her of her right to continuing health care coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), 29 U.S.C. § 1166 et seq. On appeal, Kwan contends that she proffered sufficient evidence that she was subjected to a hostile…”

Ward v. Bethenergy Mines, Inc., 851 F. Supp. 235 (S.D.W. Va 1994). · cites it 12× “Under 29 U.S.C. § 1166 (a)(1), covered employees must be notified of their rights under COBRA at the time of the commencement of coverage under the plan.”

Show all 265 citing cases →

— 29 U.S.C. § 1166(1) — 1 case

Rosile v. Aetna Life Ins., 777 F. Supp. 862 (D. Kan. 1991).

— 29 U.S.C. § 1166(a)(1) — 1 case

Scott FALLO; Kasey Fallo, Plaintiffs-Appellants, v. PICCADILLY CAFETERIAS, INC., Defendant-Appellee, 141 F.3d 580 (5th Cir. 1998).

— 29 U.S.C. § 1166(a)(2) — 1 case

Khan v. Bd. Of Educ. Of The City Of Chicago (N.D. Ill. 2018).

— 29 U.S.C. § 1166(a)(3) — 1 case

Scott FALLO; Kasey Fallo, Plaintiffs-Appellants, v. PICCADILLY CAFETERIAS, INC., Defendant-Appellee, 141 F.3d 580 (5th Cir. 1998).

— 29 U.S.C. § 1166(a)(4) — 1 case

Perkins v. Gen. Motors, LLC (E.D. Mich. 2022).

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