Cobra eligability

[vkanard]

After reading what I could find, I believe that my wife is eligible for Cobra coverage, but my former employer refuses to allow it. I would like to know if someone has a similar experience that turned-out positive.

Specifically, I turn 65 in Oct., and the current medical and hospitalization insurance that I have for my wife and I changes as follows: 1. My former employer requires that I sign-up for Medicare (i.e. allow the medicare monthly withdrawal from my SS check), and 2. Pay $361. per month for prescription drug coverage for my wife. Together these changes required by my former employer result in an additional cost to me of $246 per month over and above what I am currently paying for the very same level of insurance.
Any advice?

 

[mickeyd]

As I understand COBRA, your wife as a beneficiary of the PLAN, would be eligible depending on her status as of the last day that you were employed (covered as an employee in the PLAN). Your ex ER does not have an option as long as there are 20 employees and not a church. What happens to you in October, should have no bearing on your wife's eligibility for COBRA.

Here is the DOL page on COBRA. http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML

If you feel that they are slighting you, you may want to contact a ERISA lawyer.