Newfront has officially joined WTW, combining a technology-native approach with global expertise to better serve our clients. [Read more](/content/news/wtw-completes-acquisition-of-newfront/index.html) # COBRA High Five Part V: Qualifying Event Notices from Employees and Dependents By Brian Gilmore | Published September 17, 2025 **Question:** What are the situations where an employee or dependent is required to provide notice to the plan of a COBRA qualifying event? **Short Answer:** Employees or dependents are required to notify the plan within 60 days upon a loss of coverage caused by divorce or legal separation or loss of eligible dependent child status. They also have a 60-day notice requirement to notify the plan of a SSA disability determination (to extend to 29 months) or a second qualifying event (to extend to 36 months). _Did you know that “COBRA” stands for the “Consolidated Omnibus Budget Reconciliation Act of 1985”? While the law is often referred to as “of 1986” based on its enactment date, the_ [_actual title in the law_](https://www.congress.gov/bill/99th-congress/house-bill/3128/text) _is “of 1985”. Rep._ [_Pete Stark_](https://www.congress.gov/member/pete-stark/S000810?q=%7B%22search%22%3A%22pete+stark%22%7D&s=4&r=1) _(D-CA) is generally credited with_ [_drafting_](https://www.congress.gov/105/crec/1998/03/17/144/29/CREC-1998-03-17-pt1-PgE396-3.pdf) _the legislation and_ [_spearheading_](https://www.healthaffairs.org/content/forefront/congressman-fortney-hillman-pete-stark-remembering-health-policy-giant) _its passage. In honor of the_ _**40**_ _**th**_ _**anniversary**_ _of COBRA’s_ [_introduction_](https://www.congress.gov/bill/99th-congress/house-bill/3128/all-actions?pageSort=asc) _in Congress on_ _**July 31, 1985**_, we are exploring a_ _**“High Five”**_ _selection of five key COBRA issues that employers are still grappling with 40 years later. Enjoy!_ **General Rule: COBRA Qualifying Event for Continuation Coverage** Individuals have the right to continue group health plan coverage through COBRA upon experiencing a “qualifying event,” which is a loss of coverage triggered by one of the prescribed COBRA triggering events. Individuals who experience a COBRA qualifying event are referred to as “qualified beneficiaries”. Group health plans subject to COBRA include medical, dental, vision, health FSA, HRA, most EAPs, and certain wellness programs and on-site medical clinics. There are two requirements for a COBRA qualifying event: 1. Loss of group health plan coverage; 2. Caused by a COBRA triggering event. Not all losses of coverage are a COBRA qualifying event. Qualified beneficiaries have COBRA continuation coverage rights only if they experience a qualifying event. The event causing the individual’s loss of coverage must be one of the listed triggering events set forth by COBRA to constitute a qualifying event. **The Qualifying Events Requiring Notice from the Employee/Dependent** The primary COBRA triggering events are: - _Covered Employee’s Termination of Employment (18 months)_ - _Covered Employee’s Reduction of Hours (18 months)_ - _Failure to Return from FMLA Leave (18 months)_ - _Death of Covered Employee (36 months)_ - **Divorce or Legal Separation (36 months)** - **Loss of Eligible Dependent Child Status (36 months)** Of these qualifying events the _first four qualifying events_ do not require notice from the employee. In other words, the plan is automatically obligated to provide the COBRA election notice to the employee and/or dependents upon the occurrence of the qualifying events. The **last two qualifying events** require the employee or dependent to notify the plan that the event has occurred to preserve their COBRA rights. **60-Day Deadline to Provide Notice of Divorce/Legal Separation** Loss of coverage caused by divorce or legal separation is a 36-month COBRA qualifying event. The employee or spouse must provide notice to the plan within 60 days of the loss of eligibility caused by the divorce or legal separation. Failure to do so will cause the spouse to lose their COBRA rights under the plan. **_Legal Separation vs. Divorce_** Some health plans terminate a spouse’s eligibility at the point of legal separation (if any) prior to a final divorce. Loss of coverage caused by legal separation and divorce are both COBRA qualifying events. Where the plan terminates spousal eligibility at the point of legal separation (as opposed to requiring final divorce), and the employee and spouse have a court-ordered legal separation prior to the final divorce, the spouse loses eligibility at that point. In either case, the employee/spouse have the responsibility to notify the plan within 60 days of the legal separation/divorce. **60-Day Deadline to Provide Notice of Loss of Eligible Dependent Child Status** Loss of coverage caused by loss of eligible dependent child status is a 36-month COBRA qualifying event. The employee or dependent must provide notice to the plan within 60 days of the loss of eligibility caused by the loss of eligible dependent child status. As with divorce/legal separation situations, failure to timely provide notice will cause the child to lose COBRA rights. **_Employers Can Play a Role: Automating the COBRA Election Notice Upon Child Reaching Age 26_** The requirement for the employee/dependent to provide notice upon loss of eligibility to preserve the child’s COBRA rights is a common cause of consternation for the employee who is often unaware of this requirement. Employees often assume that the benefits administration system will track the child’s eligibility and automatically provide COBRA rights upon reaching the plan limit (e.g., age 26). **COBRA Initial Notice: Apprising Employees/Dependents of Notice Requirements** The COBRA rules require that the plan provide a COBRA initial notice (also referred to as the “general notice”) to employees and their covered spouses within 90 days of enrollment in the plan. COBRA initial notices generally must be sent by mail and addressed to both the covered employee and the covered spouse. **Another 60-Day Notice Deadline: Notice of SSA Disability Determination for Disability Extension** The maximum COBRA coverage period may be extended to 29 months for disabled employees and their covered dependents (COBRA “qualified beneficiaries”) where the qualified beneficiary meets certain requirements. The disability extension from 18 – 29 months is available where the COBRA qualifying event is the employee’s termination of employment or reduction in hours; and the qualified beneficiary is determined by the Social Security Administration (SSA) to have been disabled at any time during the first 60 days of COBRA coverage. **Another 60-Day Notice Deadline: Notice of Second Qualifying Event** The COBRA second qualifying event rules permit a spouse or dependent qualified beneficiary to extend the COBRA maximum coverage period from 18 months to 36 months. The second qualifying event can be death of the employee, divorce or legal separation form the employee, or the child losing eligible dependent status. There are three requirements for the spouse/dependents to take advantage of a second qualifying event: 1. The original qualifying event was the employee’s termination of employment or reduction of hours (18-month events); 2. Within that 18-month maximum coverage period, a second qualifying event occurs; 3. **The spouse or dependent notifies the plan within 60 days from the date of the second qualifying event.** **Who Must Provide the Notice to the Plan?** For purposes of a qualifying event, second qualifying event, or disability determination, the COBRA rules provide that the employee, covered dependent, or any representative acting on their behalf may provide the required notice to the plan. Notice by one individual is treated as satisfying the requirement for all related COBRA qualified beneficiaries for that event.