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Q: I was terminated and my former HR Mgr. has notified me via e-mail that my coverage will be cancelled tomorrow is payment in full isn't received. Questions are: Don't I have 45 days on the Initial Payment? And - Is it 45 days from being terminated or 45 days from the Plan Administrator informing me of my options?
A: The previous employer or their plan administrator must provide you at least 45 days to make the first COBRA payment. The employer or their plan administrator CAN NOT require you to pay the first payment earlier than 45 days from the date you elect COBRA. If you mailed your election form the 45 days will start on the day its post marked. Your COBRA coverage will be “suspended” and claims may not be paid until the first payment is received. Once your first payment has been processed, your insurance is retro-active to the last day of group benefits. If your employer is not giving you 45 days from the day you elect COBRA to make the first payment, you should contact the US Department of Labor at 1-866-487-2365.
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