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May an employer choose not to offer continuation coverage to an employee who is already covered under another plan, such as one sponsored by their spouses employer?

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May an employer choose not to offer continuation coverage to an employee who is already covered under another plan, such as one sponsored by their spouses employer?

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No. The U.S. Supreme Court has decided that other coverage does not exempt an employee from COBRA continuation rights. However, if the employee becomes covered by another plan after they have elected COBRA benefits, the employer may terminate the COBRA coverage.

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