COBRA Changes - What's Happens Now?


March 3, 2009

Kapnick Insurance Group will be responsible for:

 

1. Providing (client) with a report of all employees who were sent COBRA notices since 9/1/08. 
(Attached)

 

 

What you (Client) will need to do:

 

1.      Review attached report and assist Kapnick in determining what employees may be considered assistance (subsidy)-eligible individuals. Please review the employee report and code their reason for termination.

 

Codes:       IT = Involuntary Termination (other than gross misconduct)

                  Q = Quit

                  R = Resigned

                  O = Retired      

                  PL = Permanent Layoff

                  LD = Loss of dependant Status

                  D = Death

                  DV = Divorce

                  TL = Temporary Layoff

                  RH = Reduction in hours

                 

           

2.      Decide if your organization will allow assistance(subsidy)-eligible individuals the option to elect a lower-cost plan within 90 days of becoming eligible for COBRA. The lower-cost plan must be one that is offered to active employees.

 

Upon Completion of the above, Kapnick will send the appropriate notices to:

 

1.      Current COBRA participants and dependants involuntarily terminated from employment between 9/1/08 & 12/31/09 that qualify for the Subsidy.

 

2.      COBRA qualifiers and dependants who involuntarily terminated employment between 9/1/08 & 12/31/09 that qualify for the subsidy but who did not elect COBRA during their initial qualifying period.

 

3.      Former COBRA participants and dependants with a qualifying event date between 9/1/08 and 3/1/08 that qualify for the Subsidy but were terminated from COBRA for non-payment of premiums.

 

We ask that the enclosed report be returned to Kapnick by March 10th, 2009. If you have any questions regarding the COBRA Subsidy or how to code a termination please contact Katie Clark at 888-263-4656, x1129. katie.clark@kapnick.com

The Department of Labor has communicated 3/17/09 as the date their model notices will be available. Our notices to Assistance (Subsidy) Eligible Employees will be sent shortly following this date, or earlier, if a reliable source can be found.

 

To comply with U.S. Treasury regulations, we advise you that any discussion of Federal tax issues in this communication was not intended or written to be used, and cannot be used, by any person (i) for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service, or (ii) to promote, market or recommend to another party any matter addressed herein.

As part of our service to you, we regularly compile short reports on new and interesting developments and the issues the developments raise. Please recognize that these reports do not constitute legal advice and that we do not attempt to cover all such developments. Rules of certain state supreme courts may consider this advertising and require us to advise you of such designation. Your comments are always welcome. Kapnick Insurance Group.