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narekkm
12-14-2005, 08:59 AM
Recently, I had two employees who were covered under our group insurance plan (75% of the premium contributed by the company) and were terminated.

I gave them the OSHA forms at the time of termination, but where I was to put in the premium amounts for the various insurance plans, I neglected to put "per month".

Yesterday, the terminated employee and her husband showed up at my office inquiring about converting to COBRA. I told them that the premiums were due monthly in the amounts indicated. The husband stated "That's not what my attorney said", indicating to me that they are under the impression that the premium amounts stated were for the entire 18 month COBRA period.

My question is this: In the absence of the word "monthly" am I liable for covering this employee for the stated amounts for the COBRA period, or is it assumed that the premiums stated are for the same billing periods as my Health/Dental billing statements?

Thank you

Karen

cbg
12-14-2005, 09:11 AM
You might be liable. Employees don't have any idea how often or how much the employer pays on their behalf - they can't "assume" that the amount stated is for monthly payments if you don't say so.

Since they've already consulted an attorney whose position runs contrary to yours, my best advice to you is to show an attorney in your state what you provided, get his/her opinion, and let the two attorneys fight it out.

And if I may offer a word of suggestion, be more careful next time.

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