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COBRA
Consolidated Omnibus Budget Reconciliation Act (COBRA)
The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal law which requires that most employers sponsoring group health plans offer employees and their families the opportunity for a temporary extension of health coverage (called "continuation coverage") at group COBRA rates, in certain instances where coverage under the plan would otherwise end because of a "qualifying event." A list of qualifying events is provided in the section, "Who is entitled to elect COBRA".
After a qualifying event occurs and notice of the event (with documentation) is provided to Human Resources, COBRA continuation coverage must be offered to each person losing group health coverage under the Plan. Each person must be a "qualified beneficiary." You, your spouse or your registered domestic partner, and your dependent children could become qualified beneficiaries if they lose group health coverage under the Plan because of the qualifying event.
Qualified beneficiaries who elect COBRA continuation coverage must pay for COBRA continuation coverage.
Employees
If you are an employee, you will become a qualified beneficiary if you lose your group health coverage under the Plan if either one of the following events happens:
- Your hours of employment with CSU are reduced, or
- Your employment with CSU ends for any reason other than your gross misconduct
Employee's Spouse
If you are the spouse of a CSU employee, you will become a qualified beneficiary if you lose your group health coverage under the Plan due to any of the following qualifying events:
- Your spouse (the employee) dies;
- Your spouse's hours of employment with CSU are reduced;
- Your spouse's employment with CSU ends for any reason other than his or her gross misconduct; or
- You become divorced or legally separated from your spouse;
- If your spouse (the employee) reduces or eliminates your group health coverage in anticipation of divorce or legal separation, and a divorce or legal separation later occurs, then the divorce may be considered a qualifying event
Employee's Domestic Partner
A person enrolled as the employee’s registered domestic partner will be entitled to elect COBRA if he or she loses group health coverage under the Plan if any of the following qualifying events happen:
- Your registered domestic partner (the employee) dies;
- Your registered domestic partner's hours of employment with CSU are reduced;
- Your registered domestic partner's employment with CSU ends for any reason other than his or her gross misconduct; or
- Your registered domestic partnership with the employee is dissolved
Employee's Dependent Child
A person enrolled as the employee’s dependent child will be entitled to elect COBRA if he or she loses group health coverage under the Plan due to any of the following qualifying events:
- The parent-employee dies;
- The parent-employee's hours of employment with CSU are reduced;
- The parent-employee's employment with CSU ends for any reason other than his or her gross misconduct;
- The parents become divorced or legally separated; or
- The child is no longer eligible for coverage under the plan as a "dependent child"
Bankruptcy
Sometimes, filing a proceeding in bankruptcy under title 11 of the United States Code can be a qualifying event. If a proceeding in bankruptcy is filed with respect to CSU, and that bankruptcy results in the loss of coverage of any retired employee covered under the Plan, the retired employee will become a qualified beneficiary with respect to the bankruptcy. The retired employee’s spouse, surviving spouse, and dependent children will also become qualified beneficiaries if bankruptcy results in the loss of their coverage under the Plan.
The Plan will offer COBRA continuation coverage to qualified beneficiaries only after the Office of Human Resources has been notified that a qualifying event has occurred.
Notifying Human Resources
When the qualifying event is one of the following, you do not need to notify the Office of Human Resources of the qualifying event:
- the end of employment or reduction in hours of employment,
- death of the employee, or
- commencement of a proceeding in bankruptcy with respect to CSU,
When the qualifying event is one of the following, a COBRA election will be available to you:
- divorce or legal separation of the employee and spouse,
- dissolution of registered domestic partnership, or
- a dependent child losing eligibility for coverage as a dependent child
You must notify HR in writing within 60 days after the later of (a) the date the qualifying event occurs, or (b) the date on which you lose (or would lose) group health coverage under the terms of the Plan as a result of the qualifying event.
Supporting Documentation
The employee must provide the Office of Human Resources with documentation supporting the occurrence of the qualifying event. Acceptable documentation includes the documents listed below and any other supporting documentation approved by the Office of Human Resources:
- divorce or legal separation – a copy of the decree of divorce or separation agreement;
- dissolution of registered domestic partnership – a copy of the dissolution documents; and
- child no longer qualifying as a dependent child –a copy of the child’s marriage certificate (in case of the child’s marriage)
If these procedures are not followed within the 60-day period as directed above, you will lose your right to elect COBRA.