How long can COBRA be retroactive?

Asked by: Mercedes Murray  |  Last update: August 20, 2025
Score: 4.6/5 (38 votes)

Once your employment ends, you have 60 days to elect COBRA coverage with your former employer. Some people all this the “60 day loophole for COBRA.” COBRA is retroactive, which means that it begins the day after your employer coverage ends.

How far back can COBRA be retroactive?

Yes, you would be covered from the date of your retirement and lost coverage. COBRA is meant to do exactly that. Even if you elect for COBRA a month after you lose your coverage, COBRA works retroactively after you elect it, all the way back to the date of the loss of coverage as long as you make your premium payment.

What is the COBRA loophole 60 days?

The Cobra Loophole 60 Days allows you to defer your decision about COBRA insurance until the very last day of the 60-day period.

How long can you get a COBRA after you quit your job?

COBRA coverage lets you pay to stay on your job-based health insurance for a limited time after your job ends (usually 18 months). You usually pay the full premium yourself, plus a small administrative fee.

Is there a grace period for COBRA coverage?

Is there a grace period? The COBRA law allows for a 30-day grace period, after the premium due date, for paying or postmarking your premium. Please note, 30 days does NOT mean 31 days. There is no way to extend the deadline, even if you are out of town or forget to make your payment.

What Is COBRA for Health Insurance

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Can you extend COBRA coverage after 18 months?

California Insurance Code (CIC) Section 10128.59 provides extension under Cal-COBRA for those who have exhausted their 18 months on federal COBRA (or longer in special circumstances) for a total extension that cannot exceed 36 months.

What is a retroactive termination of health insurance?

What is a retroactive termination? Retroactive termination is the assignment of a new end date to an insurance policy that is no longer active, often because the plan is no longer being paid for. The new end date assigned is typically the date a plan's premium was last paid.

How do you keep a COBRA for 36 months?

Second Qualifying Event - If you are receiving an 18-month maximum period of continuation coverage, you may become entitled to an 18-month extension (giving a total maximum period of 36 months of continuation coverage) if you experience a second qualifying event that is the death of a covered employee, the divorce or ...

Does health insurance end the day you quit?

When does health insurance expire after leaving a job in California? Your health insurance may expire the day you leave your job, or at the end of that month. For instance, if you quit on January 10th, you may have coverage through January 31st. You'll need to find out what your employer's policy is.

What is the timeline for COBRA?

60 days: The COBRA-eligible participant(s) have 60 days to enroll in coverage. If the COBRA-eligible participant does not elect coverage within 60 days after the notification, they are no longer eligible to elect.

What is the 105 day COBRA loophole?

So, if you maxed out the 60 day election period plus the 45 day payment period, you could actually go 105 days without paying for the coverage.

Why is COBRA so expensive?

COBRA coverage is not cheap.

Why? Because you're now responsible for paying your portion of your health insurance: The cost your employer contributed to your premium, in addition to the 2% service fee on the cost of your insurance.

How much does COBRA typically cost per month?

The average monthly cost of COBRA Insurance premiums ranges from $400 to $700 per individual.

Does COBRA kick in immediately?

An employee eligible for COBRA insurance must opt for it within 60 days of their employer-sponsored insurance termination date. The coverage starts the day the previous coverage ends.

Is COBRA cheaper than marketplace?

Both COBRA and ACA Marketplace plans have their advantages. COBRA lets you keep your exact employer-based plan but is often more expensive. ACA plans may be more affordable, especially with subsidies, but require choosing a new plan. The best choice depends on your financial situation and healthcare needs.

What to do if you don't receive COBRA paperwork?

First, you should contact your former employer's human resources department to request a new copy of the paperwork. They may be able to send it to you electronically or by mail. If you are unable to obtain a new copy from your former employer, you can also contact the COBRA administrator for your health plan.

Is COBRA retroactive?

COBRA is always retroactive to the day after your employer coverage ends. So, you'll need to pay your premiums for that period too.

How long can you use COBRA after leaving a job?

While COBRA is temporary, in most circumstances, you can stay on COBRA for 18 to 36 months.

How long is insurance good after termination?

Is There a Grace Period for Health Insurance After Termination? Employers are not required to keep providing health insurance benefits after you've been terminated, but many will allow you to keep your coverage through the end of the month, giving you up to 30 extra days.

What is the 18 month rule for COBRA?

When Federal COBRA ends, eligible employees can buy 18 months additional health coverage under Cal-COBRA. All qualified beneficiaries are generally eligible for continuation coverage for 36 months after the date the qualified beneficiary's benefits would otherwise have terminated.

What is the average lifespan of a COBRA?

The average lifespan of a wild king cobra is about 20 years.

What is the maximum duration for COBRA?

You can collect COBRA benefits for up to 18 months. This may be extended to 36 months under certain circumstances. If your employer has 20 or more employees, it must follow COBRA rules.

What is the retroactive date for insurance?

A retroactive date is the date from which you have held uninterrupted professional indemnity insurance cover (even if you changed insurer during this time) or a date in the past from which your insurer has agreed to cover you. Any claims that arise from events prior to this date is not covered by your insurance.

Can you retroactively terminate an employee?

The few decisions that have previously addressed whether an employer may retroactively terminate an employee for cause, whether based on evidence discovered after the employee's departure or otherwise, suggest that retroactive terminations for cause are ineffective because they are inconsistent with certain standard ...

Is backdating health insurance illegal?

Backdating insurance is fraud, so it's not surprising that your boss doesn't want to commit a felony to save you a lot of money.