COBRA - for ex-spouse if coverage was secondary?

Elizabeth

Do we have to offer COBRA to an employee's ex-spouse even if the coverage that the ex-spouse had with us was secondary coverage to his own employer-paid coverage?

We pay 100% of healthcare premiums so most of our employees automatically put their entire family on their healthcare even if the spouse has primary coverage with their own employer.

Would an ex-spouse be eligible to elect COBRA if they maintained their own primary coverage? Obviously, most would not choose to do this, but COULD they?

moneyman

If a spouse is currently covered under the employee's plan AT THE TIME of the divorce, then COBRA should be offered if the employer is subject to COBRA. It does not matter if the spouse's coverage would be considered secondary to the spouse, the determination should be made whether they were covered at the time of the qualifying event.

WT

This one got all the way to the Supreme Court. If a person has coverage at the time of the qualifying event, they can elect COBRA coverage. If they get coverage from another source subsequent to electing COBRA, the COBRA coverage can then be terminated.

Lola815

Yes, Yes, Yes. I don't think they will take it considering they already have insurance but you still have to offer it to anyone who was covered.