KJohnson
Dec 8 1999, 06:50 PM
Does anyone see any problems with an employer paying the COBRA premiums to an insurer for some terminated employees and not others.
Could this actually be construed as creating a new plan with additional COBRA rights? I would think that as long as the COBRA notice was given, no benefits need be offered after the 18 months no matter who pays the premium.
ScottN
Dec 9 1999, 02:03 AM
Would'nt this be setting a dangerous precedence? Could future Cobra participants demand equal treatment?
Right or wrong, I know of many employers who have chosen to pay COBRA premiums on behalf of various employees as part of a severance package. I do not see a problem with doing this. ScottN asked whether other employees could demand similar treatment - while they might try to, I do not know of anything that requires non-dicrimination in the application of COBRA.
nac
Dec 10 1999, 11:15 AM
Isn't employer payment of COBRA premium treated as taxable income?
KJohnson
Dec 10 1999, 11:19 AM
Apparently not if part of a severance deal. PLR 9612008
dsilver
Dec 10 1999, 01:12 PM
To me that PLR does not cover the employee's portion of the premium, but I didn't study it that much.
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