The COBRA rules are found in the Internal Revenue Code, the Employee Retirement Income Security Act (ERISA) and the Public Health Service Act (PHSA). … Church plans and small employer plans are excepted from COBRA requirements.
Does COBRA apply to church plans?
The law generally applies to all group health plans maintained by private-sector employers with 20 or more employees, or by state or local governments. The law does not apply to plans sponsored by the Federal Government or by churches and certain church-related organizations.
Are Church plans exempt from COBRA?
Also, the federal government’s group health plan is not subject to COBRA. However, a separate law—The Federal Employees Health Benefits Amendments Act of 1988—requires the federal government to provide continuation coverage. Church plans are exempt from COBRA’s requirements.
Are church groups subject to COBRA?
Indemnity policies, PPOs, HMOs, and self-insured plans are all eligible for COBRA extension; however, federal government employee plans and church plans are exempt from COBRA.
Is a church plan a qualified plan?
Non-electing and electing church plans
Electing church plans must meet all of the requirements of IRC Section 401(a) in order to be qualified. Non-electing church plans are exempt from many of the IRC Section 401(a) qualification requirements otherwise applicable to electing church plans.
Are government entities subject to COBRA?
COBRA applies to plans maintained by private-sector employers (including self-insured plans) and those sponsored by most state and local governments. The law does not apply to plans sponsored by the federal government or by certain church-related organizations.
Which employers are subject to COBRA?
COBRA generally applies to all private-sector group health plans maintained by employers that have at least 20 employees on more than 50 percent of its typical business days in the previous calendar year. Both full- and part-time employees are counted to determine whether a plan is subject to COBRA.
Are nonprofits exempt from COBRA?
A. Being a nonprofit organization doesn’t automatically exempt you from COBRA. The continuing health insurance law generally covers group health plans maintained by employers with 20 or more employees in the prior year. It applies to plans in the private sector and those sponsored by state and local governments.
What benefits are subject to COBRA?
What benefits are covered under COBRA?
- Inpatient and outpatient hospital care.
- Physician care.
- Surgery and other major medical benefits.
- Prescription drugs.
- Dental and vision care.
Does COBRA apply to US territories?
The landmark COBRA continuation coverage provisions became law in 1986. … In addition, the law does not apply to plans sponsored by the governments of the District of Columbia or any territory or possession of the United States, certain church-related organizations, or the federal government.
What plans does COBRA apply to?
COBRA generally applies to all group health plans maintained by private-sector employers (with at least 20 employees) or by state and local governments. The law does not apply, however, to plans sponsored by the Federal Government or by churches and certain church-related organizations.
Is COBRA considered a group health plan?
COBRA coverage is not considered a group health plan based upon current employment. So, if an employee becomes eligible for Medicare but elects not to enroll at that time, believing he or she will enroll in COBRA instead, there are no future “special enrollment rights” for Medicare.
What are the 7 COBRA qualifying events?
The following are qualifying events: the death of the covered employee; a covered employee’s termination of employment or reduction of the hours of employment; the covered employee becoming entitled to Medicare; divorce or legal separation from the covered employee; or a dependent child ceasing to be a dependent under …
Are church plans subject to ERISA?
Church plans are generally not subject to ERISA, including its rules relating to funding, vesting, reporting and disclosure, and fiduciary responsibility. … However, because church plans do not have the benefit of ERISA preemption, they are subject to state law.
What is a non ERISA church plan?
Such plans are commonly referred to as Non-ERISA plans. Non-ERISA 403(b) plans do not involve employer contributions, involve voluntary plan participation only, and do not need to follow the stipulations of the Act.
Can a church sponsor a 401 K plan?
As both a church and an employer, churches can sponsor all kinds of retirement plans. They include 403(b)s, 401(k)s, SEP IRAs, SIMPLE IRAs, and even defined benefit pension plans. … One benefit that churches have is that they can choose whether they want to sponsor a plan that is subject to ERISA or not.