An employee decides to retire at age 65. His wife goes on Cobra. Does she get 18 months due to termination of employment or 36 months due to employee's entitlement to Medicare?

if a covered employee loses coverage due to entitlement to medicare, this is a second qualifying event for spouse or dependent. Spouse would get 36 months measured from the initial qualifying event.

A spouse is entitled to 36 months of COBRA if the following qualifying event occurs: The covered employee is entitled to Medicare. If a covered employee becomes entitled to Medicare before experiencing a qualifying event the 1999 Proposed Regs indicated that the maximum coverage period ends the LATER of 36 months after the date the covered employee became entitled to Medicare OR 18 months after the covered employee's employment terminates.

The 1999 Regs clarify that entitlement to Medicare means actual coverage under either Part A or B of Medicare and this occurs on the effective date of enrollment in either Part A or B.


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