What is the COBRA 60 day loophole?

Asked by: Allen Nicolas  |  Last update: July 10, 2025
Score: 4.3/5 (71 votes)

COBRA is retroactive and you have 60 days to sign up. So if your gap is less than 60 days, you can do this and not have to pay for COBRA and potentially save several hundred dollars. But you need to be prepared in case you have some sort of accident that leaves you unable to fill out the COBRA paperwork.

Can you use COBRA for 2 months?

You can collect COBRA benefits for up to 18 months.

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.

How long can you stay on COBRA after leaving a job?

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

Can I get COBRA if I retire early?

COBRA Continuation Of Benefits

COBRA Coverage is limited to 18 months, so if you retire before age 63-1/2, you'll need to eventually find other coverage. Under normal circumstances, you would have 60 days after your separation from service to elect to take COBRA benefits.

What Is COBRA for Health Insurance

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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 ...

How do people who retire early have health insurance?

If you retire before you're 65 and lose your job-based health plan when you do, you can use the Health Insurance Marketplace ® to buy a plan.

How much does COBRA typically cost per month?

COBRA coverage is not cheap.

A COBRA premium can cost on average $400 to $700 a month per person.

Who is not eligible for COBRA?

Why would an employee not qualify to enroll in Cal-COBRA? The employee is enrolled in or eligible for Medicare. The employee does not enroll within 60 days of receiving the notice of eligibility from the employer. The employee is covered by another health plan.

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 a COBRA loophole?

Understanding the 60-Day Loophole

You have a 60-day window following the end of your employer-sponsored plan to select COBRA coverage or choose a new plan in the individual ACA marketplace.

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.

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.

Why is COBRA so expensive?

Why is COBRA more expensive than employer-sponsored insurance? COBRA is more expensive because the individual is responsible for the entire premium amount without the employer's financial contribution that is provided during active employment.

Will COBRA cover me retroactively?

COBRA coverage is retroactive if elected and paid for by the qualified beneficiary.

What is the grace period for COBRA payments?

After you are established on your COBRA coverage, ongoing monthly payments are due the first day of each month. There is a grace period of 30 days from the due date for ongoing monthly premium payments. If you mail your payment, it must be postmarked within the 30-day grace period.

Can an employer deny you COBRA?

Under COBRA, a person who has been terminated for gross misconduct may be denied COBRA. Gross misconduct is not specifically defined by COBRA, but when based on an employer's practice or policy it could include misrepresentation during the hiring process or falsifying information on a Form I-9.

Can I go to the doctor while waiting for a COBRA?

You will be reimbursed for any medical bills that you pay out-of-pocket during this period. Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from the employer's benefits offices.

What are the qualifying reasons for COBRA?

What Are The Qualifying Events For COBRA?
  • Voluntary or involuntary termination of employment for reasons other than gross misconduct.
  • Reduction in the number of hours worked, affecting eligibility for health insurance.
  • Transition between jobs, leading to a temporary loss of health insurance.

What are the disadvantages of COBRA coverage?

COBRA cons
  • COBRA can be expensive, especially compared to the premiums you were paying before your qualifying event. ...
  • COBRA does not apply to all employer-sponsored health plans—in particular, those organizations with fewer than 20 employees may have no requirements. ...
  • Even if you get an extension, COBRA is only temporary.

How do I calculate my COBRA payment?

Using the information provided in Box 12 of your most recent W-2 form, labeled Code DD, you will find the total annual cost of your employer-sponsored health coverage. To determine your monthly COBRA premium, divide this annual amount by 12 and include any applicable administrative fees, which may be up to 2%.

Which is the cheapest health insurance for senior citizens?

Medicare is the cheapest health insurance with the best benefits for people age 65 and older or who have a qualifying disability.

What is the best age to retire for your health?

You're Likely to Live Longer If You Retire After 65.

Is Medicare free at age 65?

Medicare Part A (hospital insurance)

You're eligible for Part A at no cost at age 65 if 1 of the following applies: • You receive or are eligible to receive benefits from Social Security or the Railroad Retirement Board (RRB).