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| is this a 2nd qualifying event? |
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Q: My former employee and her spouse have been on COBRA for 12 months. She has a new job and will be getting benefits soon. The spouse says this is a 2nd qualifying event for him and he should get another 18 months of COBRA (total 36). I thought a 2nd qualifying event had to be death of employee, entitlement to Medicare, divorce or legal separation. Who is right?
A: It is not a secondary qualifying event when a spouse obtains other health insurance coverage. You are right about the definition of a secondary qualifying event. COBRA law states the spouse and dependent children are eligible for an additional 18 months when the covered employee passes away, starts receiving Medicare benefits or a legal separation or divorce occurs. .
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