§ 300bb-5. Election
(a)
In general
For purposes of this subchapter—
(1)
Election period
The term “election period” means the period which—
(2)
Effect of election on other beneficiaries
Except as otherwise specified in an election, any election of continuation coverage by a qualified beneficiary described in subparagraph (A)(i) or (B) of section
300bb–8
(3) of this title shall be deemed to include an election of continuation coverage on behalf of any other qualified beneficiary who would lose coverage under the plan by reason of the qualifying event. If there is a choice among types of coverage under the plan, each qualified beneficiary is entitled to make a separate selection among such types of coverage.
(b)
Temporary extension of COBRA election period for certain individuals
(1)
In general
In the case of a nonelecting TAA-eligible individual and notwithstanding subsection (a) of this section, such individual may elect continuation coverage under this subchapter during the 60-day period that begins on the first day of the month in which the individual becomes a TAA-eligible individual, but only if such election is made not later than 6 months after the date of the TAA-related loss of coverage.
(2)
Commencement of coverage; no reach-back
Any continuation coverage elected by a TAA-eligible individual under paragraph (1) shall commence at the beginning of the 60-day election period described in such paragraph and shall not include any period prior to such 60-day election period.
(3)
Preexisting conditions
With respect to an individual who elects continuation coverage pursuant to paragraph (1), the period—
(4)
Definitions
For purposes of this subsection:
(A)
Nonelecting TAA-eligible individual
The term “nonelecting TAA-eligible individual” means a TAA-eligible individual who—
(ii)
did not elect continuation coverage under this part [1] during the TAA-related election period.
(C)
TAA-related election period
The term “TAA-related election period” means, with respect to a TAA-related loss of coverage, the 60-day election period under this part [1] which is a direct consequence of such loss.
[1] So in original. This subchapter is not divided into parts.