Clark Hill

Benefits Law Alert  April 23,  2010 

 

Labor and Employment Practice Group Leaders

 

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 Hammond b&w

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248.988.5854

 

 

 

 

 

Benefits Law Alert

 

COBRA PREMIUM SUBSIDY NOW EXTENDED THROUGH MAY 31, 2010

 

On April 15, 2010, President Obama signed into law the Continuing Extension Act of 2010 (H.R. 4851) (the "Act"), which provides another extension for the federal COBRA premium subsidy as originally provided under the American Recovery and Reinvestment Act of 2009 and as previously amended by both the Department of Defense Appropriations Act of 2010 and the Temporary Extension Act of 2010.

 

Eligibility Period Extended to May 31, 2010

 

Under current law, an assistance eligible individual who was involuntarily terminated from employment after March 31, 2010 was not eligible for the federal COBRA premium subsidy.  The Act extends the eligibility period to include individuals involuntarily terminated during the period that begins with September 1, 2008 and ends on May 31, 2010.

 

The maximum period for receiving the COBRA subsidy remains at 15 months.

 

Exception for Reduction in Hours Retained

 

The Act also provides that an individual will be eligible for the COBRA subsidy if he or she experiences an involuntary termination that occurs on or after March 2, 2010 which follows an initial COBRA qualifying event that was a reduction of hours occurring at any time from September 1, 2008 through May 31, 2010.

 

Future Changes

 

There is currently a bill in the House that would further extend the COBRA premium subsidy through December 31, 2010.   Clark Hill PLC will continue to keep you updated as future legislative changes are passed.

 

You can obtain a copy of the Continuing Extension Act on the Department of Labor's website at www.dol.gov.

 

If you have any questions please contact:  Edward C. Hammond at (248) 988-1821 - ehammond@clarkhill.com , John P. Schneider at (616) 608-1108 - jschneider@clarkhill.com or Kristi R. Gauthier at (248) 988-5854 - kgauthier@clarkhill.com.

 

 

To find out more about Clark Hill and our Labor and Employment Practice Group, visit clarkhill.com or call 800.949.3124

 

 

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