Section text and notes
Type of benefit coverage
1
Period of coverage
Maximum required period
General rule for terminations and reduced hours
section 300bb–3(2) of this titleIn the case of a qualifying event described in , except as provided in clause (ii), the date which is 18 months after the date of the qualifying event.
Special rule for multiple qualifying events
section 300bb–3(2) of this titlesection 300bb–3(2) of this titleIf a qualifying event occurs during the 18 months after the date of a qualifying event described in , the date which is 36 months after the date of the qualifying event described in .
General rule for other qualifying events
section 300bb–3(2) of this titleIn the case of a qualifying event not described in , the date which is 36 months after the date of the qualifying event.
Special rule for TAA-eligible individuals
section 300bb–3(2) of this titlesection 300bb–5(b)(4)(B) of this titleIn the case of a qualifying event described in with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (v), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in ), the period of coverage shall not terminate by reason of clause (i) or (ii), as the case may be, before the later of the date specified in such clause or the date on which such individual ceases to be such a TAA-eligible individual. The preceding sentence shall not require any period of coverage to extend beyond .
Medicare entitlement followed by qualifying event
section 300bb–3(2) of this title42 U.S.C. 1395In the case of a qualifying event described in that occurs less than 18 months after the date the covered employee became entitled to benefits under title XVIII of the Social Security Act [ et seq.], the period of coverage for qualified beneficiaries other than the covered employee shall not terminate under this subparagraph before the close of the 36-month period beginning on the date the covered employee became so entitled.
Special rule for disability
42 U.S.C. 401section 300bb–6(3) of this titleIn the case of a qualified beneficiary who is determined, under title II or XVI of the Social Security Act [ et seq., 1381 et seq.], to have been disabled at any time during the first 60 days of continuation coverage under this subchapter, any reference in clause (i) or (ii) to 18 months is deemed a reference to 29 months (with respect to all qualified beneficiaries), but only if the qualified beneficiary has provided notice of such determination under before the end of such 18 months.
End of plan
The date on which the employer ceases to provide any group health plan to any employee.
Failure to pay premium
The date on which coverage ceases under the plan by reason of a failure to make timely payment of any premium required under the plan with respect to the qualified beneficiary. The payment of any premium (other than any payment referred to in the last sentence of paragraph (3)) shall be considered to be timely if made within 30 days after the date due or within such longer period as applies to or under the plan.
Group health plan coverage or medicare entitlement
Termination of extended coverage for disability
42 U.S.C. 401In the case of a qualified beneficiary who is disabled at any time during the first 60 days of continuation coverage under this subchapter, the month that begins more than 30 days after the date of the final determination under title II or XVI of the Social Security Act [ et seq., 1381 et seq.] that the qualified beneficiary is no longer disabled.
Premium requirements
No requirement of insurability
The coverage may not be conditioned upon, or discriminate on the basis of lack of, evidence of insurability.
Conversion option
In the case of a qualified beneficiary whose period of continuation coverage expires under paragraph (2)(A), the plan must, during the 180-day period ending on such expiration date, provide to the qualified beneficiary the option of enrollment under a conversion health plan otherwise generally available under the plan.
July 1, 1944, ch. 373 Pub. L. 99–272, title X, § 10003(a)100 Stat. 233 Pub. L. 99–514, title XVIII, § 1895(d)(1)(C)100 Stat. 2937–2939 Pub. L. 101–239, title VI103 Stat. 2295 Pub. L. 104–188, title I, § 1704(g)(1)(C)110 Stat. 1880 Pub. L. 104–191, title IV, § 421(a)(1)110 Stat. 2087 Pub. L. 111–5, div. B, title I, § 1899F(c)123 Stat. 429 Pub. L. 111–344, title I, § 116(c)124 Stat. 3616 Pub. L. 112–40, title II, § 243(a)(5)125 Stat. 420 (, title XXII, § 2202, as added , , ; amended , (2)(C), (3)(C), (4)(C), , ; , §§ 6702(a), (b), 6801(b)(1)(A), (2)(A), (3)(A), , , 2297; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of this titleThe Social Security Act, referred to in par. (2)(A)(v), (vi), (D)(ii), and (E), is , . Titles II, XVI, and XVIII of the Social Security Act are classified generally to subchapters II (§ 401 et seq.), XVI (§ 1381 et seq.), and XVIII (§ 1395 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.
Pub. L. 93–40688 Stat. 829 section 1001 of Title 29The Employee Retirement Income Security Act of 1974, referred to in par. (2)(D)(i), is , , . Part 7 of subtitle B of title I of the Act is classified generally to part 7 (§ 1181 et seq.) of subtitle B of subchapter I of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 112–402011—Par. (2)(A)(iv). substituted “” for “”.
Pub. L. 111–3442010—Par. (2)(A)(iv). substituted “” for “”.
Pub. L. 111–5, § 1899F(c)(1)2009—Par. (2)(A). , designated concluding provisions as cl. (v) and inserted heading.
Pub. L. 111–5, § 1899F(c)(2)Par. (2)(A)(iv) to (vi). , added cl. (iv) and redesignated former cls. (iv) and (v) as (v) and (vi), respectively.
Pub. L. 104–191, § 421(a)(1)(A)(ii)(IV)1996—Par. (2)(A). , inserted “(with respect to all qualified beneficiaries)” after “29 months” in concluding provisions.
Pub. L. 104–191, § 421(a)(1)(A)(ii)(III), which directed amendment of concluding provisions by striking “with respect to such event,”, was executed by striking that phrase, which did not contain a comma at end, before “is deemed a reference” to reflect the probable intent of Congress.
Pub. L. 104–191, § 421(a)(1)(A)(ii)(I)section 300bb–3(2) of this title, (II), in concluding provisions, substituted “a qualified beneficiary” for “an individual” and “at any time during the first 60 days of continuation coverage under this subchapter” for “at the time of a qualifying event described in ”.
Pub. L. 104–191, § 421(a)(1)(A)(i), transferred sentence following cl. (iii) to appear as concluding provisions following cl. (iv).
Pub. L. 104–188section 300bb–3(4) of this titlePar. (2)(A)(iv). amended heading and text of cl. (iv) generally. Prior to amendment, text read as follows: “In the case of an event described in (without regard to whether such event is a qualifying event), the period of coverage for qualified beneficiaries other than the covered employee for such event or any subsequent qualifying event shall not terminate before the close of the 36-month period beginning on the date the covered employee becomes entitled to benefits under title XVIII of the Social Security Act.”
Pub. L. 104–191, § 421(a)(1)(B)Par. (2)(D)(i). , inserted “(other than such an exclusion or limitation which does not apply to (or is satisfied by) such beneficiary by reason of chapter 100 of title 26, part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or subchapter XXV of this chapter)” before “, or”.
Pub. L. 104–191, § 421(a)(1)(C)section 300bb–3(2) of this titlePar. (2)(E). , substituted “at any time during the first 60 days of continuation coverage under this subchapter” for “at the time of a qualifying event described in ”.
Pub. L. 101–239, § 6702(a)(1)section 300bb–3(2) of this titlesection 300bb–6(3) of this title1989—Par. (2)(A). , inserted after cl. (iii) “In the case of an individual 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 , any reference in clause (i) or (ii) to 18 months with respect to such event is deemed a reference to 29 months, but only if the qualified beneficiary has provided notice of such determination under before the end of such 18 months.”
Pub. L. 101–239, § 6801(b)(1)(A)Par. (2)(A)(iv). , added cl. (iv).
Pub. L. 101–239, § 6801(b)(2)(A)Par. (2)(D). , substituted “entitlement” for “eligibility” in heading and inserted “which does not contain any exclusion or limitation with respect to any preexisting condition of such beneficiary” after “or otherwise)” in cl. (i).
Pub. L. 101–239, § 6702(a)(2)Par. (2)(E). , added subpar. (E).
Pub. L. 101–239, § 6801(b)(3)(A)Pub. L. 101–239, § 6702(b)Par. (3). , which directed the general amendment of the concluding provision was executed by amending the first sentence of the concluding provision generally to reflect the probable intent of Congress and amendment of concluding provision by . Prior to amendment, first sentence of the concluding provision read as follows: “If an election is made after the qualifying event, the plan shall permit payment for continuation coverage during the period preceding the election to be made within 45 days of the date of the election.”
Pub. L. 101–239, § 6702(b), inserted at end of concluding provision “In the case of an individual described in the last sentence of paragraph (2)(A), any reference in subparagraph (A) of this paragraph to ‘102 percent’ is deemed a reference to ‘150 percent’ for any month after the 18th month of continuation coverage described in clause (i) or (ii) of paragraph (2)(A).” See Amendment note above.
Pub. L. 99–514, § 1895(d)(1)(C)1986—Par. (1). , inserted at end “If coverage is modified under the plan for any group of similarly situated beneficiaries, such coverage shall also be modified in the same manner for all individuals who are qualified beneficiaries under the plan pursuant to this part in connection with such group.”
Pub. L. 99–514, § 1895(d)(2)(C)Maximum periodPar. (2)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “.—In the case of—
section 300bb–3(2) of this title“(i) a qualifying event described in (relating to terminations and reduced hours), the date which is 18 months after the date of the qualifying event, and
“(ii) any qualifying event not described in clause (i), the date which is 36 months after the date of the qualifying event.”
Pub. L. 99–514, § 1895(d)(3)(C)Par. (2)(C). , inserted at end “The payment of any premium (other than any payment referred to in the last sentence of paragraph (3)) shall be considered to be timely if made within 30 days after the date due or within such longer period as applies to or under the plan.”
Pub. L. 99–514, § 1895(d)(4)(C)(ii)Par. (2)(D). , (iii), substituted “Group health plan coverage” for “Reemployment” in heading, added cl. (i), and struck out former cl. (i) which read as follows: “a covered employee under any other group health plan, or”.
Pub. L. 99–514, § 1895(d)(4)(C)(i)Par. (2)(E). , struck out subpar. (E), remarriage of spouse, which read as follows: “In the case of an individual who is a qualified beneficiary by reason of being the spouse of a covered employee, the date on which the beneficiary remarries and becomes covered under a group health plan.”
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Pub. L. 112–40section 243 of Pub. L. 112–40section 243(b) of Pub. L. 112–40section 4980B of Title 26Amendment by applicable to periods of coverage which would (without regard to the amendments made by ) end on or after the date which is 30 days after , see , set out as a note under , Internal Revenue Code.
Effective Date of 2010 Amendment
Pub. L. 111–344section 116(d) of Pub. L. 111–344section 4980B of Title 26Amendment by applicable to periods of coverage which would (without regard to such amendment) end on or after , see , set out as a note under , Internal Revenue Code.
Effective Date of 2009 Amendment
Pub. L. 111–5section 1891 of Pub. L. 111–5section 2271 of Title 19Except as otherwise provided and subject to certain applicability provisions, amendment by effective upon the expiration of the 90-day period beginning on , see , set out as an Effective and Termination Dates of 2009 Amendment note under , Customs Duties.
Pub. L. 111–5Pub. L. 111–5section 1899F(d) of Pub. L. 111–5section 4980B of Title 26Amendment by applicable to periods of coverage which would (without regard to amendment by ) end on or after , see , set out as a note under , Internal Revenue Code.
Effective Date of 1996 Amendments
Pub. L. 104–191section 421(d) of Pub. L. 104–191section 4980B of Title 26Amendment by effective , regardless of whether the qualifying event occurred before, on, or after such date, see , set out as a note under , Internal Revenue Code.
Pub. L. 104–188section 1704(g)(2) of Pub. L. 104–188section 4980B of Title 26Amendment by applicable to plan years beginning after , see , set out as a note under .
Effective Date of 1989 Amendment
Pub. L. 101–239, title VI, § 6702(d)103 Stat. 2296
Pub. L. 101–239, title VI, § 6801(b)(1)(B)103 Stat. 2297
Pub. L. 101–239, title VI, § 6801(b)(2)(B)103 Stat. 2297
Pub. L. 101–239, title VI, § 6801(b)(3)(B)103 Stat. 2297
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.
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.