US Code

Public Law 119-73 (01/23/2026)

29 U.S.C. § 1165

Election

(a)

In general

For purposes of this part—
(1)

Election period

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)
1
1 See References in Text note below.
in the case of any qualified beneficiary who receives notice under section 1166(4)  of this title, the date of such notice.
(2)

Effect of election on other beneficiaries

section 1167(3) of this titleExcept as otherwise specified in an election, any election of continuation coverage by a qualified beneficiary described in subparagraph (A)(i) or (B) of 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 conditions

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),
section 1181(c)(2) of this title1section 9801(c)(2) of title 26shall be disregarded for purposes of determining the 63-day periods referred to in , section 2701(c)(2) of the Public Health Service Act, and .
(4)

Definitions

For purposes of this subsection:
(A)

Nonelecting TAA-eligible individual

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)

TAA-eligible individual

The term “TAA-eligible individual” means—
(i)
section 35(c) of title 26 an eligible TAA recipient (as defined in paragraph (2) of ), 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, § 605Pub. L. 99–272, title X, § 10002(a)100 Stat. 230Pub. L. 99–514, title XVIII, § 1895(d)(5)(B)100 Stat. 2939Pub. L. 107–210, div. A, title II, § 203(e)(1)116 Stat. 969(, as added , , ; amended , , ; , , .)

Editorial Notes

References in Text

Section 1166(4) of this titlesection 1166(a)(4) of this titlePub. L. 101–239, title VII, § 7891(d)(1)(A)(ii)(I)103 Stat. 2445, referred to in subsec. (a)(1)(C)(ii), was redesignated as by , , .

section 300gg of Title 42Pub. L. 111–148, title I124 Stat. 154section 300gg–3 of Title 42Pub. L. 111–148, title I, § 1201(4)124 Stat. 155section 300gg of Title 42Section 2701 of the Public Health Service Act, referred to in subsec. (b)(3), was classified to , The Public Health and Welfare, was renumbered section 2704, effective for plan years beginning on or after , with certain exceptions, and amended, by , §§ 1201(2), 1563(c)(1), formerly § 1562(c)(1), title X, § 10107(b)(1), , , 264, 911, and was transferred to . A new section 2701, related to fair health insurance premiums, was added and amended by , title X, § 10103(a), , , 892, and is classified to .

Amendments

Pub. L. 107–2102002— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Pub. L. 99–5141986—Par. (2). 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 Amendment

Pub. L. 107–210section 151 of Pub. L. 107–210section 2271 of Title 19Amendment by 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 , except as otherwise provided, see , set out as a note preceding .

Effective Date of 1986 Amendment

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

Construction of 2002 Amendment

Pub. L. 107–210section 203(f) of Pub. L. 107–210section 35 of Title 26Nothing in amendment by , 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 , set out as a Construction note under , Internal Revenue Code.

Plan Amendments Not Required Until January 1, 1989

Pub. L. 99–514section 1140 of Pub. L. 99–514section 401 of Title 26For 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 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 , see , as amended, set out as a note under , Internal Revenue Code.