Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-2 - FLEXIBLE BENEFITS PROGRAM › Rule 478-2-.07 - Extended Coverage (COBRA)

Current through Rules and Regulations filed through June 27, 2024
(1) Extended Beneficiary. Persons who lose
			 coverage under the Plan and who meet certain requirements are eligible to
			 continue coverage in the enrolled dental option or health care spending
			 account, as required by federal law or these regulations for the periods
			 designated by the qualifying event. Plan Year limitations and Plan requirements
			 of the health care spending account will apply. An Extended Beneficiary shall
			 have the same opportunities for enrolling eligible dependents and changing
			 coverage options as active employees. The Flexible Benefits Program will be
			 administered in compliance with federal law or regulations under the
			 Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Health Insurance
			 Portability and Accountability Act of 1996 (HIPPA). (03-27-97/04-09-97)
(a) Terminated Employee. An employee who
			 terminates employment or is separated from his employment for any reason other
			 than for gross misconduct, or whose approved leave without pay expires shall be
			 eligible to continue coverage under the Plan for a period not longer than
			 eighteen (18) months following the termination of coverage as an employee.
			 (12-20-88/01-19-89)
(b) Reduction
			 of Required Hours. An employee who continues Flexible Benefit Plan eligibility
			 under the definition of employee, ex- cept for working the required number of
			 hours, shall be eligible to continue coverage under the Plan for a period not
			 longer than eighteen (18) months following the end of the month in which the
			 reduction of hours occurred. If the reduced hours take effect on a day other
			 than the first workday of the month, the eighteen (18) month period would begin
			 on the first of the month following termination of coverage through payroll
			 deductions. (12-20-88/01-19-89)
(c)
			 Laid-off Employee. An employee who is determined to be a laid-off employee
			 shall be eligible to continue coverage under the Plan for a period not longer
			 than eighteen (18) months. The extended period begins on the first of the month
			 following termination of coverage through payroll deductions.
			 (12-20-88/01-19-89)
(d) Spouse of
			 Deceased Employee. The spouse of a deceased employee who is not eligible as a
			 surviving spouse, an employee, or an annuitant, shall be eligible to continue
			 coverage for a period not longer than thirty-six (36) months. Coverage under
			 the Plan may be continued for the spouse and any eligible dependents. The
			 extended period of coverage begins on the first of the month following
			 termination of coverage through the employee's payroll deductions or if the
			 employee is on an approved leave without pay, at the end of the month in which
			 the employee died or the end of the following month if the premium has been
			 paid. (03-27-97/04-09-97)
(e)
			 Surviving Dependent Child. An eligible dependent child of a deceased employee
			 who is not enrolled as an employee, a dependent of another employee, a
			 surviving beneficiary under Section
			  478-2-.04, or as an annuitant,
			 shall be eligible to continue coverage for himself under the Plan for a period
			 not longer than thirty-six (36) months following the end of the month in which
			 death occurred. The extended coverage period begins on the first of the month
			 following termination of the employee's coverage through payroll deductions.
			 (03-27-97/04-09-97)
(f) Dependent
			 Child. An eligible dependent child of an employee who is not eligible as an
			 employee or an annuitant shall be eligible to continue coverage under the Plan
			 for a period not longer than thirty-six (36) months following the end of the
			 month in which the child is no longer eligible under the Plan.
			 (03-27-97/04-09-97)
(g) Legally
			 Separated or Divorced Spouse. A legally separated or divorced spouse of an
			 employee who is not eligible as a surviving spouse, an annuitant or an employee
			 shall be eligible to continue coverage for a period not longer than thirty-six
			 (36) months. Coverage may be continued for the spouse and any eligible
			 dependents, who are not covered dependents of the employee. The extended
			 coverage period beings on the first of the month following the month in which
			 the legal separation documents were approved by a court of competent
			 jurisdiction or the divorce was final. (03-27-97/04-09-97)
(h) Employee Pending Approval of Retirement
			 Benefit. An active employee who has made application for disability or service
			 retirement and who may be eligible for retirement shall be eligible to extend
			 coverage. The extended period of coverage begins on the first of the month
			 following termination of coverage through the employee's payroll deductions or
			 if the employee is on an approved leave without pay, at the end of the month in
			 which the employee remitted the premium. (03-27-97/04-09-97)
(i) Retiree Not Eligible or No Longer
			 Eligible to Receive a Sufficient Retirement Benefit to Pay the Dental Deduction
			 Amount. If the retirement benefit to be received by a retiree eligible to
			 continue the deduction for dental coverage is not sufficient to pay the premium
			 amount by deduction, the retiree shall be permitted to continue the dental
			 option by paying premiums under the extended coverage. The extended coverage
			 period begins on the first of the month following termination of the employee's
			 coverage through deductions by the applicable retirement system.
			 (03-27-97/04-09-97)