A Possible Revised Interpretation of Providing the COBRA Premium Subsidy

We are hearing rumblings that the Department of Labor (DoL) MIGHT take the position that former employees who are Assitance Eligible Individuals have to affirmatively elect to receive the premium subsidy under ARRA; that is, the premium subsidy may not have to be provided by the employer automatically.
 
The current reading of the statute does not seem to support this position.  For example, why would high income individuals have to affirmatively opt-out of the subsidy if the requirement is for everyone to opt-in?  Despite this, the DoL is indicating that it is possible that its model notices will include an election procedure.

BAS/CCS will keep you posted on this new development. And, of course, BAS/CCS will modify its notices, accordingly.

2 Responses

  1. My husband was recently laid off from a posotion in a manufacturing company. It is rumored they are going
    out of business, or possibly fining bankruptcy and re opening/reorganizing.

    If hisformer employer goes out of business or bankrupt, do I still get the reduction for Cobra premiums?

    Please advise

  2. My husband was recently laid off from a position in a manufacturing company. It is rumored they are going
    out of business, or possibly filing bankruptcy and re opening/reorganizing.

    If his former employer goes out of business or bankrupt, do I still get the reduction for Cobra premiums?

    Please advise

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