How Does the New law Interact with an Employers COBRA Responsiblities?
AB 205 expressly states that it “does not amend or modify federal laws or the benefits, protections, and responsibilities provided by those laws.” (Family Code 297.5(k)). When the Legislature passed AB 25, it explicitly stated that it did not expand an employers obligation to provide COBRA health coverage to domestic partners. Under the new law, however, there is some ambiguity. Clearly, domestic partners will not be eligible for COBRA coverage under federal law unless he or she also qualifies as a dependent under Internal Revenue Code 152. In that respect, there is no change to the status quo. Whether the domestic partner is entitled to Cal-COBRA benefits, however, is another matter. An employee and his or her dependents may be entitled to Cal-COBRA coverage if he or she has exhausted federal COBRA coverage. Conceivably, this coveage could extend to domestic partners even if they do not meet the federal definition of “qualified beneficiaries,” which is limited to the employee and his
Related Questions
- If Anthem performs COBRA administration for the plan, how does the employer notify Anthem that a Qualifying Event has occurred and how much time does the employer have to notify Anthem?
- Can the employer change COBRA premiums during the 12-month determination period?
- How Does the New law Interact with an Employers COBRA Responsiblities?
