§ 1165. Election

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(a)In general For purposes of this part—

(1)Election period The term “election period” means the period which—

(A)begins not later than the date on which coverage terminates under the plan by reason of a qualifying event,

(B)is of at least 60 days’ duration, and

(C)ends not earlier than 60 days after the later of—

(i)the date described in subparagraph (A), or

(ii)in the case of any qualified beneficiary who receives notice under section 1166(4) 1 of this title, the date of such notice.

(2)Effect of election on other beneficiaries 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 1167(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.

(b)Temporary extension of COBRA election period for certain individuals

(1)In general In the case of a nonelecting TAA-eligible individual and notwithstanding subsection (a), such individual may elect continuation coverage under this part 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.

(2)Commencement of coverage; no reach-back 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.

(3)Preexisting conditions With respect to an individual who elects continuation coverage pursuant to paragraph (1), the period—

(A)beginning on the date of the TAA-related loss of coverage, and

(B)ending on the first day of the 60-day election period described in paragraph (1),

shall be disregarded for purposes of determining the 63-day periods referred to in section 1181(c)(2) of this title, section 2701(c)(2) of the Public Health Service Act,1 and section 9801(c)(2) of title 26.

(4)Definitions For purposes of this subsection:

(A)Nonelecting TAA-eligible individual The term “nonelecting TAA-eligible individual” means a TAA-eligible individual who—

(i)has a TAA-related loss of coverage; and

(ii)did not elect continuation coverage under this part during the TAA-related election period.

(B)TAA-eligible individual The term “TAA-eligible individual” means—

(i)an eligible TAA recipient (as defined in paragraph

(2)of section 35(c) of title 26), and

(ii)an eligible alternative TAA recipient (as defined in paragraph

(3)of such section).

(C)TAA-related election period The term “TAA-related election period” means, with respect to a TAA-related loss of coverage, the 60-day election period under this part which is a direct consequence of such loss.

(D)TAA-related loss of coverage 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.

(Pub. L. 93–406, title I, § 605, as added Pub. L. 99–272, title X, § 10002(a), Apr. 7, 1986, 100 Stat. 230; amended Pub. L. 99–514, title XVIII, § 1895(d)(5)(B), Oct. 22, 1986, 100 Stat. 2939; Pub. L. 107–210, div. A, title II, § 203(e)(1), Aug. 6, 2002, 116 Stat. 969.)

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