Clark Hill

Benefits Law Alert  March 5, 2010 

 

Labor and Employment Practice Group Leaders

 

313.965.8291

 

248.988.5845




 

 Contributors

 

 

 Hammond b&w

248.988.1821 

 

 Gaither b&w

Kristi R. Gauthier

248.988.5854

 

 

 

Benefits Law Alert

 

 COBRA PREMIUM SUBSIDY EXTENDED ONCE AGAIN


 On March 2, 2010, President Obama signed into law the Temporary Extension Act of 2010 (H.R. 4691) providing a 31-day extension of federal subsidies of COBRA health care premiums as allowed under the American Recovery and Reinvestment Act of 2009 ("ARRA") and as previously amended by the Department of Defense Appropriations Act of 2010.

 

Eligibility Period Extended to March 31, 2010

 

Under current law, an assistance eligible individual who was involuntarily terminated from employment after February 28, 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 March 31, 2010, as long as the individual is entitled to COBRA coverage as a result of an involuntary termination. 

 

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

 

New Exception for Reduction in Hours

 

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 March 31, 2010.

 

Future Changes

 

The Senate is schedule to begin debate this week on a measure (H.R. 4213) that would further extend the COBRA ARRA 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 Temporary Extensions Act on the Department of Labor's website at www.dol.gov.

 

If you have any questions, please contact:

Ed Hammond at 248.988.1821 or ehammond@clarkhill.com

John Schneider at 616.608.1108 or jschnieder@clarkhill.com

or Kristi Gauthier at 248.988.5854 or kgauther@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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