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2005-013
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Last modified
5/31/2017 2:16:30 PM
Creation date
9/30/2015 4:22:28 PM
Metadata
Fields
Template:
Resolutions
Resolution Number
2005-013
Approved Date
02/18/2005
Agenda Item Number
7.K.
Resolution Type
Human Resources
Entity Name
Summary Material Modifications
County Employees
Subject
Cafeteria Plan
Archived Roll/Disk#
3129
Supplemental fields
SmeadsoftID
1177
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3. What is a Qualifying Event? <br />A Qualifying Event is any of the following if the Plan provided that the Plan participant <br />would lose coverage (i.e., cease to be covered under the same terms and conditions as in effect <br />immediately before the Qualifying Event) in the absence of COBRA continuation coverage: <br />(a) The death of a covered Employee. <br />(b) The termination (other than by reason of the Employee's gross misconduct), or <br />reduction of hours, of a covered Employee's employment. <br />(c) The divorce or legal separation of a covered Employee from the Employee's <br />Spouse. <br />(d) A covered Employee's enrollment in any part of the Medicare program. <br />(e) A Dependent child's ceasing to satisfy the Plan's requirements for a Dependent <br />child (for example, attainment of the maximum age for dependency under the Plan). <br />If the Qualifying Event causes the covered Employee, or the covered Spouse or a <br />Dependent child of the covered Employee, to cease to be covered under the Plan under the <br />same terms and conditions as in effect immediately before the Qualifying Event (or in the case <br />of the bankruptcy of the Employer, any substantial elimination of coverage under the Plan <br />occurring within 12 months before or after the date the bankruptcy proceeding commences), the <br />persons losing such coverage become Qualified Beneficiaries under COBRA if all the other <br />conditions of the COBRA are also met. For example, any increase in contribution that must be <br />paid by a covered Employee, or the Spouse, or a Dependent child of the covered Employee, for <br />coverage under the Plan that results from the occurrence of one of the events listed above is a <br />loss of coverage. <br />The taking of leave under the Family and Medical Leave Act of 1993 ("FMLA") does not <br />constitute a Qualifying Event. A Qualifying Event will occur, however, if an Employee does not <br />return to employment at the end of the FMLA leave and all other COBRA continuation coverage <br />conditions are present. If a Qualifying Event occurs, it occurs on the last day of FMLA leave and <br />the applicable maximum coverage period is measured from this date (unless coverage is lost at <br />a later date and the Plan provides for the extension of the required periods, in which case the <br />maximum coverage date is measured from the date when the coverage is lost.) Note that the <br />covered Employee and family members will be entitled to COBRA continuation coverage even if <br />they failed to pay the employee portion of premiums for coverage under the Plan during the <br />FMLA leave. <br />4. What is the Procedure for Obtaining COBRA Continuation Coverage? <br />The Plan has conditioned the availability of COBRA continuation coverage upon the <br />timely election of such coverage. An election is timely if it is made during the election period. <br />In the case of an individual who is not a Qualified Beneficiary and who is receiving <br />coverage under the Plan solely because of the individual's relationship to a Qualified <br />Beneficiary, if the Plan's obligation to make COBRA continuation coverage available to the <br />Qualified Beneficiary ceases, the Plan is not obligated to make coverage available to the <br />individual who is not a Qualified Beneficiary. <br />3 <br />
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