COBRA
Who is a Qualified Beneficiary ("QB")?
Any person (employee, covered spouse or covered dependent child) who is covered under a plan subject to COBRA on the day before a qualifying event occurs is a QB. Each QB has the right to make separate elections. For this reason, HFS will send a COBRA notice to each employee and their spouse. It is assumed that the dependents will be covered under the election provided by the employee or spouse; however a dependent can make a separate election. A domestic partner is not a QB, even if they meet the definition of a dependent under IRS Code §152, and an employer is not required to offer COBRA coverage to a domestic partner.
In addition, a child born to or adopted by a QB during the term of COBRA continuation is considered a QB. These persons have their own election rights. A child or spouse added to a COBRA policy during open enrollment or through HIPAA special enrollment is not a QB and does not have separate election rights.
View additional questions:
- Who is a Qualified Beneficiary ("QB")?
- What plans are subject to COBRA?
- What is a Qualifying Event ("QE") and what are the corresponding COBRA coverage periods?
- What elections can be made by a QB as a result of a qualifying event?
- What elections can be made during the annual open enrollment period?
- What if the QB has other coverage?
- What happens when a QB has multiple qualifying events?
- What are the terminating events for COBRA coverage?
- Who is the Plan Administrator?