Page:United States Statutes at Large Volume 123.djvu/477

 123STA T .457PUBLIC LA W 111 – 5 —FE B. 17 , 2 0 0 9(I)theda te w h ic hi s9mon ths a f te r the first da y of the first month that p ara g raph ( 1 )( A ) app l ies with respect to s u ch indi v idual , (II) the date following the e x piration of the maximum period of continuation coverage re q uired under the applica b le COBR A continuation cov - erage provision, or (III) the date following the expiration of the period of continuation coverage allowed under paragraph ( 4 )(B)(ii) . (B) TIM I NGOFEL IGI B ILI TY FO RAD DITIONAL C O V - ERAGE. —F or purposes of subparagraph (A)(i), an individual shall not be treated as eligible for coverage under a group health plan before the first date on which such individual could be covered under such plan. (C) N OTIFICATION RE QU IREMENT.—An assistance eligible individual shall notify in writing the group health plan with respect to which paragraph (1)(A) applies if such paragraph ceases to apply by reason of subparagraph (A)(i). S uch notice shall be provided to the group health plan in such time and manner as may be specified by the Sec- retary of L abor. ( 3 )A S SISTANCE ELIGIBLE INDIVIDUAL.—For purposes of this section, the term ‘ ‘assistance eligible individual ’ ’ means any qualified beneficiary if— (A) at any time during the period that begins with September 1, 20 0 8, and ends with D ecember 31, 2009, such qualified beneficiary is eligible for COBRA continu- ation coverage, (B) such qualified beneficiary elects such coverage, and (C) the qualifying event with respect to the COBRA continuation coverage consists of the involuntary termi- nation of the covered employee’s employment and occurred during such period. (4) EX TENSION OF ELECTION P ERIOD AND EFFECT ON COV- ERAGE.— (A) IN GENERAL.—For purposes of applying section 6 0 5 (a) of the Employee Retirement Income Security Act of 19 7 4, section 4980B(f)(5)(A) of the Internal Revenue Code of 1986, section 2205(a) of the P ublic H ealth Service Act, and section 8905a(c)(2) of title 5, U nited States Code, in the case of an individual who does not have an election of COBRA continuation coverage in effect on the date of the enactment of this Act but who would be an assistance eligible individual if such election were so in effect, such individual may elect the COBRA continuation coverage under the COBRA continuation coverage provisions con- taining such sections during the period beginning on the date of the enactment of this Act and ending 60 days after the date on which the notification required under paragraph (7)(C) is provided to such individual. (B) COMMENCEMENT OF COVERAGE NO REAC H -BAC K .— Any COBRA continuation coverage elected by a qualified beneficiary during an extended election period under subparagraph (A)— Defin i t i o n .T i m e p e r io d.