Background; employer who was not subject to federal COBRA in 2009 is now going to be subject to Federal COBRA beginning 2010 because they are now above 20ee's on over 50% of the business days in 2009.

An employee terminated in 2009 when the carrier is still responsible for administering mini-COBRA, and elected under the Mimi-COBRA during 2009.

Once 2010 rolls around, does this COBRA participant stay with the carrier under mini-COBRA or would they now become the responsibility of the employer under the Federal COBRA regs?

Thanks very much!

Jeremy Davis

I am pretty certain that COBRA by its terms, or at least via the IRS' regulations, applies only if the plan was subject to COBRA at the time of the qualifying event. I can't speak to what the state mini-COBRA law says, but it would be quite unfortunate and indeed odd that state law mini-COBRA rights would be lost in 2010, in which case the participant is in no man's land.

What state is it?

If the person is already off of the group plan, I don't see any way they could be added back on under these circumstances. How would they satisfy eligibility?

I am assuming that when you say "mini cobra" you mean state mandated cobra. I have worked under such (California) and the cobra participant does not lose anything. They just continue with the new.

Not knowing the particulars, I would suggest you check with your carrier rep, they should be able to tell you what is required in your state.