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Are You Eligible For COBRA? In general, three groups of people, known as beneficiaries, are eligible for COBRA coverage: employees or former employees (retirees) in private business; their spouses, and their dependent children. One of several types of "qualifying events" must occur to trigger COBRA, as the chart below outlines. You then are eligible to buy COBRA for the maximum coverage period as determined by your beneficiary status and the qualifying event. Remember: You don't have to stay on COBRA the whole time - nor will you always be able to - if different health insurance becomes available to you. Additionally, your spouse or any of your children may enroll in COBRA independent of your COBRA election decision. Even if you forgo COBRA, any of your qualified family members may elect to continue their health insurance benefits under your former employer's plan. COBRA eligibility also extends to workers in state and local government, as well as to workers classified as independent contractors. However, the law grants an exemption to the District of Columbia, federal employees, certain church-related organizations, and firms employing fewer than 20 people. The IRS rules state that employers must figure part-time workers into their employee total to determine if they can claim exemption. Even if you work at a small company that is exempt from federal law, you might not be completely out of luck. Many states
have adopted their own laws, sometimes known as "mini-COBRA,"
that often grant broader rights in determining eligibility for coverage. You must actually be covered under an employer health plan to be eligible for COBRA. If your employer has more than 20 workers but doesn't offer health coverage, or offers coverage only to certain groups of employees and you're not one of them, you won't be eligible for COBRA even if one of the qualifying events occurs - nor will your spouse or children be eligible.
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