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Posted by tonyb for Sheldon Weinhaus on May 04, 2002 at 09:42:25:
In Reply to: Re: penalties for no COBRA notice posted by Linda S Beh on May 04, 2002 at 03:42:57:
If the writer's employer employed over 20 persons, which sounds likely, federal COBRA legislation required the employer gives notice to the plan
administrator of the COBRA qualifying event (lay-off/termination) and that the plan administrator has 14 days thereafter to give a written COBRA notice of right to elect continued health insurance at no more than the employers cost plus another couple percent. Usually the employer and plan administrator are one and the same, but not always.
Call the Depart of Labor information hotline to determine that, if the writer does not know. Sometimes the DOL will even call the plan for the
person who hasn't received notice, but it's not likely they will go further. If you still don't get satisfaction, then the writer better consult a lawyer. There are also penalties available, but oftentimes the courts will not impose penalties on wrongdoing employers.
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