29 USC 1165 - Election

U.S Code last checked for updates: Nov 22, 2024

§ 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)

in the case of any qualified beneficiary who receives notice under section 1166(4) 1

 See References in Text note below.

of this title, the date of such notice.

(2)

Effect of election on other beneficiaries

(b)

Temporary extension of COBRA election period for certain individuals

(1)

In general

(2)

Commencement of coverage; no reach-back

(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),

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)

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)

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

(D)

TAA-related loss of coverage

(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.)

cite as: 29 USC 1165