Update Your COBRA Election Notice With COBRA Subsidy Information

Norbert F. Kugele

The American Recovery and Reinvestment Act of 2009 requires employers to provide subsidized COBRA continuation coverage to individuals who become eligible because of a termination of employment between September 1, 2008, and December 31, 2009. Among other things, the Act requires your company to include information about the subsidy with all COBRA election notices after February 17, 2009.

The Department of Labor is working on making model forms available by mid-March, but if you have employees who are entitled to a COBRA election notice now, you may not want to wait. Warner’s Employee Benefits Practice Group has developed a notice form that meets the statutory requirements and that can be used with your COBRA election notice. If you are interested in obtaining a copy, please contact a member of Warner’s Employee Benefits Practice Group.