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On December 21, 2009, President Obama signed into law the Fiscal Year 2010 Defense Appropriations Act. The Act extends the current nine-month COBRA subsidy for an additional six months, for a total of 15 months. It also extends eligibility for the subsidy to workers who are involuntarily terminated through February 28, 2010. The prior law covered workers involuntarily terminated through December 31, 2009. The Act requires employers to provide current and future COBRA beneficiaries with notice of the extension.


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COBRA Subsidy Is Extended*
The eligibility for the COBRA premium subsidy was about to expire for those individuals who are involuntarily terminated and become eligible for COBRA benefits after December 31, 2009. However, on December 21, 2009, the President signed legislation that extends the eligibility for the subsidy to those individuals who are involuntarily terminated and become eligible for COBRA coverage before February 28, 2010.


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COBRA Subsidy Eligibility Period Extended to May 31, 2010.
Last night, President Obama signed the Continuing Extension Act of 2010 (Act). The Act once again extends the eligibility period during which an involuntarily terminated individual can qualify for the COBRA subsidy originally created through the American Recovery and Reinvestment Act of 2009 (ARRA). The period during which an individual could qualify for the subsidy was originally set to expire on December 31, 2009, but was extended by the Defense Appropriations Act of 2010 until February 28, 2010, and extended again by the Temporary Extension Act of 2010 until March 31, 2010. The Act further extends the period during which an involuntarily terminated individual could qualify for the COBRA subsidy until May 31, 2010.

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President Extends COBRA Subsidy Under New Department of Defense Appropriations Act.
On December 21, 2009, President Obama signed legislation extending the COBRA premium subsidy originally established under the American Recovery and Reinvestment Act of 2009 ("ARRA"). Under the ARRA, only individuals who were involuntarily terminated and who lost group health insurance coverage before December 31, 2009 were eligible to receive the subsidy. Moreover, the subsidy was only available for nine months of coverage.


COBRA Subsidy Extended Again . . . and Again.
On April 15, 2010, Congress passed, and the President signed, the Continuing Extension Act of 2010. The Continuing Extension Act of 2010 extends the existing 65% COBRA premium subsidy for employees who are involuntarily terminated through May 31, 2010. The subsidy was originally provided through December 31, 2009, under the American Recovery and Reinvestment Act (“ARRA”), and was previously extended through February 28, 2010, and then March 31, 2010, via the 2010 Department of Defense Appropriations Act and the Temporary Extension Act of 2010, respectively. For information regarding the original COBRA subsidy and the previous extensions, please see our archived E*Bulletins from March 2010, January 2010, March 2009, and February 2009.

COBRA Subsidy Provisions Extended And Expanded.
On December 19, 2009, President Obama signed the Department of Defense Appropriations Act, 2010 (DDAA), which, among other things, extended and enhanced the COBRA premium subsidy established earlier this year. (See our prior reports from February 19, March 19 and April 8, 2009, regarding the COBRA subsidy.) The DDAA makes five important changes to the COBRA subsidy rules.


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