dependent child (for example, a divorce, legal separation, death, or a dependent child ceasing to qualify as such) occurs during the initial 18-month period. However, the employee, spouse, or child must notify the plan representative of the divorce, legal separation, or dependent child ceasing to qualify as such within 60 days of when that event occurs, or the right to extend for the additional 18-month period is lost.

Effect of Medicare entitlement before qualifying event. The initial 18-month period (if it applies) also may be extended if the employee becomes entitled to retirement benefits before he or she has a termination of employment (other than for gross misconduct) or reduction in hours. In that case, the employee’s spouse and dependent children who are entitled to continuation coverage (but not the employee) are eligible for a continuation period beginning with the termination of employment or reduction in hours and ending at the later of: (i) up to 18 months from the date of the termination of employment or reduction in hours, or (ii) up to 36 months from the date the employee becomes entitled to Medicare. The employee is only eligible for up to 18 months of continuation coverage after a termination of employment (other than for gross misconduct) or reduction in hours.

Effect of qualifying for disability. The initial 18-month period (if it applies) may also be extended for an individual (and for other persons in his or her family who are entitled to elect COBRA because of the same termination of employment or reduction in hours) for an additional 11 months if he or she is determined to be disabled as of any time within 60 days after the initial termination of employment or reduction in hours which causes the loss of coverage, but only if he or she notifies the plan representative of that determination within whichever is earlier: (i) 60 days after the determination is made, or (ii) the end of the 18-month period starting with the termination of employment or reduction in hours.

Events causing continuation coverage to end early. However, despite the above rules, your continuation coverage will be cut short and terminate for any of the following five reasons (whichever occurs first):

  1. The City no longer provides group health coverage to any of its employees;
  2. A required payment for your continuation coverage is not made on time;
  3. You become covered (as an employee, a dependent, or otherwise) under another group health plan which does not contain any exclusion or limitation with respect to any pre-existing condition of yours (except for an exclusion or limitation which does not apply to you or is satisfied because of certain federal laws);
  4. You become entitled to retirement benefits; or
  5. You extended coverage for up to 29 months due to disability and there is a final determination that you (or the applicable family member who was disabled) are no longer disabled.

Verification of eligibility. The City reserves the right to verify eligibility for continuation coverage from time to time, and to terminate continuation coverage retroactively if it is determined that any person is not eligible or continuation coverage was obtained through a misrepresentation. If continuation coverage is canceled for these reasons, you will be responsible for re-paying any benefits provided for any person for whom you elected continuation coverage but who is not eligible for continuation coverage.

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