Question of the Week - Qualifying Event for Separation in Pennsylvania

Posted by BAS - 05 October, 2023

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Q.- An employee has a separation agreement with her spouse which says they must live apart for a year. She wants to drop her husband from coverage. The employee lives in Pennsylvania and we are a Pennsylvania employer. When is the COBRA Qualifying Event?

A.- It is our understanding that there is no legal separation in Pennsylvania. While two people in Pennsylvania can enter into a legally-binding separation agreement, Pennsylvania law does not recognize the parties as legally separated. Therefore, there is no “legal separation” qualifying event in PA and the qualifying event would occur when the divorce is finalized.


Benefit Allocation Systems (BAS) provides best-in class, online solutions for: Employee Benefits Enrollment; COBRA; Flexible Spending Accounts (FSAs); Health Reimbursement Accounts (HRAs); Leave of Absence Premium Billing (LOA); Affordable Care Act Record Keeping, Compliance & IRS Reporting (ACA); Group Insurance Premium Billing; Property & Casualty Premium Billing; and Payroll Integration.

MyEnroll360 can Integrate with any insurance carrier for enrollment eligibility management (e.g., Blue Cross, Blue Shield, Aetna, United Health Care, Kaiser, CIGNA and many others), and integrate with any payroll system for enrollment deduction management (e.g., Workday, ADP, Paylocity, PayCor, UKG, and many others).

Topics: COBRA, COBRA Administration, HR & Benefit Plans, HR & Benefits News


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