Page:United States Statutes at Large Volume 102 Part 4.djvu/650

 102 STAT. 3620

PUBLIC LAW 100-647—NOV. 10, 1988 would lose coverage under the plan as a result of a qualifying event is entitled to elect, within the election period, continuation coverage under the plan. "(2) CONTINUATION COVERAGE.—For purposes of paragraph (1),

the term 'continuation coverage' means coverage under the plan which meets the following requirements: "(A) TYPE OF BENEFIT COVERAGE.—The coverage must consist of coverage which, as of the time the coverage is being provided, is identical to the coverage provided under the plan to similarly situated beneficiaries under the plan with respect to whom a qualifying event has not occurred. If coverage under the plan is modified for any group of similarly situated beneficiaries, the coverage shall also be modified in the same manner for all individuals who are qualified beneficiaries under the plan pursuant to this subsection in connection with such group. "(B) PERIOD OF COVERAGE.—The coverage must extend for at least the period beginning on the date of the qualifying event and ending not earlier than the earliest of the following: "(i) MAXIMUM REQUIRED PERIOD.— "(I) GENERAL RULE FOR TERMINATIONS AND REDUCED HOURS.—In the case of a qualifying event

described in paragraph (3)(B), except as provided in subclause (II), the date which is 18 months after the date of the qualifying event. "(II) SPECIAL RULE FOR MULTIPLE QUALIFYING

EVENTS.—If a qualifying event (other than a qualifying event described in paragraph (3)(F)) occurs during the 18 months after the date of a qualifying event described in paragraph (3)(B), the date which is 36 months after the date of the qualifying event described in paragraph (3)(B). "(Ill) SPECIAL RULE FOR CERTAIN BANKRUPTCY PROCEEDINGS.—In the case of a qualifying event described in paragraph (3)(F) (relating to bankruptcy proceedings), the date of the death of the covered employee or qualified beneficiary (described in subsection (g)(l)(D)(iii)), or in the case of the surviving spouse or dependent children of the covered employee, 36 months after the date of the death of the covered employee. "(IV) GENERAL RULE FOR OTHER QUALIFYING

EVENTS.—In the case of a qualifying event not described in paragraph (3)(B) or (3)(F), the date which is 36 months after the date of the qualifying event. "(ii) END OF PLAN.—The date on which the employer ceases to provide any group health plan to any employee. (iii) FAILURE TO PAY PREMIUM.—The date on which coverage ceases under the plan by reason of a failure to make timely payment of any premium required under the plan with respect to the qualified beneficiary. The payment of any premium (other than any payment referred to in the last sentence of subparagraph (O) shall be considered to be timely if made within 30 days

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