LindaS
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Send him another set of paperwork. He needs to be given the option of electing COBRA for himself. He should be given antother 18 months, not 11. The eleven month extension is only in the event of a disability determination during the initial 18 m…
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Correct. At this point he doesn't have any qualified beneficiaries to notify.
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A COBRA participant has 45 days from the date they make their election to make the first payment. Payment needs to be retro to day #1. This information should have been spelled out in his packet of information regarding COBRA. If it was not, you …
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While we do not maintain a counselor on staff we do provide an EAP service to the employees. If we are mandating attendance at the EAP as well as setting the time for the counseling then we typically pay. If we do not, we don't pay. For example,…
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The EE receives the SPD as it outlines coverages, etc. I mail the notice to the EEs home as well as to any eligible dependents IF they do not reside with the EE.
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Irene - My understanding of the new regulations, and have been informed of this by others, is that the notification contained in the SPD is NOT considered to have met the requirements UNLESS you can verify that the notification was received by the …
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While HIPAA applies to information from the insurance company, I understand your concern. Is there a reason the supervisor would need to know why they are not coming in? If not, they don't need to ask and it is the responsibility of the EE to prov…
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Based on the above information, you are not fulfilling your COBRA obligations as I interpret the regs. to be. First of all you are only required to send the initial notice separately to the dependents if they live someplace other than with the empl…
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Agree with the previous post. The "incurred date" refers to the date the service was provided, or the date the expense was incurred, not the date that it was paid.
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No, unless your state law requires otherwise. In fact, an employee going out on layoff should NOT forced to use their vacation.
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I don't see any problems with this as long as the classes aren't based on any type of discriminatory reasons (i.e., male versus female). We have different benfits for exempt and non-exempt, union versus non-union.
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You bet you can. You should have cancelled it long ago and the problem you may encounter at this point will be with your insurance carrier. As far as the insurance company is concerned, the ex-employee is still paying their premiums because you ar…
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Irene - I reread the "COBRA Help ASAP" thread and am still in disagreement regarding your statement that an employee out on FMLA leave and having their benefits terminated is not a qualifying event. What makes FMLA different than any other type o…
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Balloonman... I went to a Labor Law Clinic last October where the attorney advised that you CAN send the letter informing the employee that his coverage will be terminated in 15 days while you are still in the 30-day grace period. Depending on who…
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I'm assuming that she didn't return on 12/15 when her PTO hours were up and since you haven't offered her COBRA yet, you continued to make premium payments on her behalf. If that's the case... 1) The issue of the month behind of premium should be…
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I would not offer COBRA and the HIPAA certificate should be generated automatically when coverage is cancelled but you may want to send an informational letter informing the parent of the cancellation anyway. The HIPAA certificate may take a couple…
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I'm assuming you're talking about a flexible spending plan and if so the answer is no, there isn't any federally mandated maximum for health reimbursement. That is determined by the company. Dependant care, however, has a maximum and I believe it …
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Agree with Hunter. Your insurance company is responsible for preparing the SPDs for their plans. In instances such as yours where their probably isn't alot of custom language the insurance company would provide their standard SPD with some type of…
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The new proposed COBRA regulations state that a notice needs to be sent to a participant in the event that coverage is terminated prior to the expiration of their continuation date but the current regulations don't require it. That being said, I al…
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If an exempt employee in our company is absent for 1-2 days for illness, they are paid their regular salary and are not "docked" vacation time. If they are out for more than 3 days, we require a physician's release before they are returned to work …
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You can get samples from the DOL website...[url]www.dol.gov[/url].
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Termination of employment OR reduction in hours are COBRA qualifying events. Reduction in hours is where FMLA would fall since at this point they are still an active employee, at least in the eyes of the insurance company and since they aren't work…
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While the taking of unpaid FMLA leave doesn't trigger COBRA since the regs. state you have to grant the 30 day grace period for payments, if you choose to terminate someone's coverage while they are out on FMLA leave, this does trigger COBRA.
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Regarding Marc's statement about terminating benefits on FMLA, depending on who you talk to you will get a different answer. Some will tell you it is okay and others will tell you it is a bad idea. The regulations state that the employee is to be …
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Her election period begins with the date the notice is sent so yes, she would have an additional 60 days to elect COBRA. As far as whether or not the notice should be sent, YES send the notice immediately. I believe the fine is in the area of $100…
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I would send her a letter stating that she has been terminated from the plan effective _____ date due to non-payment of premium. Also include her new HIPAA certificate.
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W-2s go according to check date, not pay period ending date. So would the deductions. As far as the reporting, it is the total amount deducted from the employee's check for the year - using the check dates.
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No, in your example you would offer the ex-spouse and the three kids the option of choosing either the family coverage or single coverage (unless you also have ee+1). NOT four single plans. A qualified beneficiary is to be offered the SAME options…
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The COBRA cost is typically 102% of the monthly premium. When you complete the election notice, with the costs, you list the costs for ALL the types of coverage the qualified beneficiary is eligible for. In your example, you would list the total c…
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You are paying your administer to take care of all of the compliance issues regarding FSA accounts so it is THEIR responsibility to reimburse according to the IRS regulations. If our administrator contacted me with this demand, I would remind them …