§ 4.2.8 Maximum Duration of Coverage. The maximum required period of coverage following most qualifying events is 36 months from the date of the qualifying event. When the qualifying event is the termination of employment or the filing of a bankruptcy petition by an employer that provides retiree health benefits, the maximum coverage period is 18 months. There are also rules providing for extended coverage in the event of multiple qualifying events. This scenario most frequently occurs where the original qualifying event is termination of employment. The statute has also been amended to clarify that the second qualifying event will provide a maximum of 36 months of coverage, but begins to run on the date of the termination of employment rather than on the date of the second qualifying event.36
If the employee is determined to have been disabled under the Social Security Act definition at the time of termination of employment, the 18 months of continuation health coverage otherwise applicable is extended to 29 months if the affected qualified beneficiary provides appropriate notice prior to the end of the first 18 months of coverage.37
The plan may terminate continuation coverage earlier than the presumptive maximum period if: (1) the employer ceases to provide any group health plan to any employee; (2) the covered qualified beneficiary fails to make timely payment, defined as 30 days after the due date or "such longer period as applies to or under the...
