Q: The employee declined COBRA when 1st letter sent; employer had to send 2nd letter as they forgot to add Vision; employee now wants to hold to the date of the 2nd letter and opt for his COBRA rights. Can he do this? Also, the employee claims he never got notices as they were forwarded to the wrong address.
A: COBRA law states an employee who declines or waives COBRA continuation during the 60 day election period may revoke that waiver at any time before the election period ends. The coverage doesn’t have to be retro-active to his last day when this happens.COBRA continuation will start on the date of revocation. Any claims that occurred between the qualifying event and the revocation date will not be paid. COBRA law requires that the employers mail the initial notices to the last known address of the employee.It is the employee’s responsibility to have notified you that their address changed.
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