42 U.S.C. § 300bb-5
For purposes of this subchapter-
The term "election period" means the period which-
Except as otherwise specified in an election, any election of continuation coverage by a qualified beneficiary described in subparagraph (A)(i) or (B) of section 300bb-8(3) of this title shall be deemed to include an election of continuation coverage on behalf of any other qualified beneficiary who would lose coverage under the plan by reason of the qualifying event. If there is a choice among types of coverage under the plan, each qualified beneficiary is entitled to make a separate selection among such types of coverage.
In the case of a nonelecting TAA-eligible individual and notwithstanding subsection (a), such individual may elect continuation coverage under this subchapter during the 60-day period that begins on the first day of the month in which the individual becomes a TAA-eligible individual, but only if such election is made not later than 6 months after the date of the TAA-related loss of coverage.
Any continuation coverage elected by a TAA-eligible individual under paragraph (1) shall commence at the beginning of the 60-day election period described in such paragraph and shall not include any period prior to such 60-day election period.
With respect to an individual who elects continuation coverage pursuant to paragraph (1), the period-
shall be disregarded for purposes of determining the 63-day periods referred to in section 2701(c)(2),1 section 1181(c)(2) of title 29, and section 9801(c)(2) of title 26.
For purposes of this subsection:
The term "nonelecting TAA-eligible individual" means a TAA-eligible individual who-
The term "TAA-eligible individual" means-
The term "TAA-related election period" means, with respect to a TAA-related loss of coverage, the 60-day election period under this part2 which is a direct consequence of such loss.
The term "TAA-related loss of coverage" means, with respect to an individual whose separation from employment gives rise to being an TAA-eligible individual, the loss of health benefits coverage associated with such separation.
1See References in Text note below.
2So in original. This subchapter is not divided into parts.
42 U.S.C. § 300bb-5
EDITORIAL NOTES
REFERENCES IN TEXTSection 2701, referred to in subsec. (b)(3), is a reference to section 2701 of act July 1, 1944. Section 2701, which was classified to section 300gg of this title, was renumbered section 2704, effective for plan years beginning on or after Jan. 1, 2014, with certain exceptions, and amended, by Pub. L. 111-148, title I, §§1201(2), 1563, formerly §1562(c)(1), title X, §10107(b)(1), Mar. 23, 2010, 124 Stat. 154, 264, 911, and was transferred to section 300gg-3 of this title. A new section 2701 of act July 1, 1944, related to fair health insurance premiums, was added, effective for plan years beginning on or after Jan. 1, 2014, and amended, by Pub. L. 111-148, title I, §1201(4), title X, §10103(a), Mar. 23, 2010, 124 Stat. 155, 892, and is classified to section 300gg of this title.
AMENDMENTS2002- Pub. L. 107-210 designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b). 1986-Par. (2). Pub. L. 99-514 inserted "of continuation coverage" after "any election" and inserted at end "If there is a choice among types of coverage under the plan, each qualified beneficiary is entitled to make a separate selection among such types of coverage."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-210 applicable to petitions for certification filed under part 2 or 3 of subchapter II of chapter 12 of Title 19, Customs Duties, on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107-210 set out as a note preceding section 2271 of Title 19.
EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-514 effective, except as otherwise provided, as if included in enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. 99-272, see section 1895(e) of Pub. L. 99-514 set out as a note under section 162 of Title 26, Internal Revenue Code.
CONSTRUCTION OF 2002 AMENDMENT Nothing in amendment by Pub. L. 107-210 other than provisions relating to COBRA continuation coverage and reporting requirements, to be construed as creating new mandate on any party regarding health insurance coverage, see section 203(f) of Pub. L. 107-210 set out as a Construction note under section 35 of Title 26, Internal Revenue Code.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY1,1989For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101-1147 and 1171-1177] or title XVIII [§§1800-1899A] of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514 as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.