How Long COBRA Lasts: The 18, 29 and 36 Month Rules
COBRA coverage lasts 18 months for a job loss or reduction in hours, and 36 months for most other events.
The length of coverage depends on the qualifying event, and two special rules can lengthen it. This guide sets out the periods in 26 U.S.C. 4980B and the ways coverage can end early.
The Basic Periods
The event decides the clock.
Eighteen months. Termination other than for gross misconduct, or a reduction in hours, gives 18 months.
Thirty-six months. Death of the employee, divorce or legal separation, Medicare entitlement and a child ceasing to be a dependent give 36 months.
A second event. If a second qualifying event occurs within the 18 months, coverage extends to 36 months measured from the first event. The employer bankruptcy event is excluded from this rule.
The Disability and Medicare Extensions
Two rules can make the period longer.
Disability. If a qualified beneficiary is determined to be disabled during the first 60 days of coverage, the 18 months becomes 29 months, provided notice of the determination is given before the 18 months end.
Medicare first. If the employee became entitled to Medicare less than 18 months before a termination or reduction in hours, the other beneficiaries receive at least 36 months measured from the Medicare entitlement date.
Check the notice rule. The deadline for giving notice of a disability determination sits in the notice regulations, so confirm it with your administrator before the 18 months run out.
When Coverage Can Stop Early
The statute lists four situations.
The employer ends the plan. Continuation can end when the employer stops providing any group health plan.
Late premium. Coverage can end when a premium is not paid on time, which means within 30 days after the date due.
Other group coverage. Coverage can end when the person becomes covered under another group plan without a pre-existing condition exclusion.
Medicare. Coverage can end when the person becomes entitled to Medicare.
A Job Loss Followed by a Divorce
A second event can add time for a spouse.
The facts. An employee is terminated and her family elects COBRA. Within the 18 months, she and her husband divorce.
The result. The husband’s coverage can extend to 36 months measured from the first event, because a second qualifying event occurred within the 18 months.
The takeaway. Ask employees to report divorces, separations and loss of dependent status promptly, since the extension depends on it.
Related Rules and Sources
Where to read the rule in full.
COBRA Continuation Coverage Law
The events that start the clock.
Who Is Covered
The people the clock applies to.
COBRA and Medicare
How Medicare changes the period.
26 U.S.C. 4980B, COBRA continuation coverage · 26 CFR 54.4980B-3, qualified beneficiaries · 29 CFR 2590.606-4, election notice
We run COBRA so nothing is missed.
We set up who administers COBRA, keep the notices on schedule and check the paperwork before it goes out.
Related pages.
State Continuation and Mini-COBRA
State laws for smaller employers.
Who Is Covered
Which people COBRA protects.
The Notices
The five COBRA notices.
What It Costs
What an employer may charge.
The 20-Employee Threshold
Counting to 20.
COBRA Continuation Coverage Law
The federal rules in full.
Questions that come up.
Short answers to the questions we hear most. Each links to the full page.
How long does COBRA last?
18 months for a termination or reduction in hours, 36 months for most other events, and 29 months with a disability extension.
Can COBRA end before the maximum period?
Yes: if the employer ends all group plans, a premium is late, other group coverage begins or Medicare starts.
Does a second qualifying event extend COBRA?
Yes, to 36 months from the first event, if it happens within the first 18 months.
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