376.893. Divorced or separated spouse, continuation of coverage, notice--contents of notice--failure to elect, effect--application.

MISSOURI STATUTES AND CODES

376.893. Divorced or separated spouse, continuation of coverage, notice--contents of notice--failure to elect, effect--application.

Divorced or separated spouse, continuation of coverage,notice--contents of notice--failure to elect,effect--application.

376.893. 1. Within sixty days of legal separation or the entry of adecree of dissolution of marriage or prior to the expiration of a thirty-sixmonth federal Consolidated Omnibus Budget Reconciliation Act (COBRA)continuation period covering a legally separated or divorced spouse, if suchspouse has elected and maintained such COBRA coverage, a legally separated ordivorced spouse eligible for continued coverage under section 376.892 whoseeks such coverage shall give the plan administrator written notice of thelegal separation or dissolution. The notice shall include the mailing addressof the legally separated or divorced spouse.

2. Within thirty days of the death of a certificate holder whosesurviving spouse is eligible for continued coverage under section 376.892 orprior to the expiration of a thirty-six month federal Consolidated OmnibusBudget Reconciliation Act (COBRA) continuation period covering such survivingspouse, if such spouse has elected and maintained such COBRA coverage, thegroup policyholder shall give the plan administrator written notice of thedeath and of the mailing address of the surviving spouse.

3. Within fourteen days of receipt of notice under subsection 1 or 2 ofthis section, the plan administrator shall notify the legally separated,divorced or surviving spouse that the policy may be continued. The noticeshall be mailed to the mailing address provided to the plan administrator andshall include:

(1) A form for election to continue the coverage;

(2) A statement of the amount of periodic premiums to be charged for thecontinuation of coverage and of the method and place of payment; and

(3) Instructions for returning the election form by mail within sixtydays after the date of mailing of the notice by the plan administrator.

4. Failure of the legally separated, divorced or surviving spouse toexercise the election in accordance with subsection 3 of this section shallterminate the right to continuation of benefits.

5. If a plan administrator was properly notified pursuant to theprovisions of subsection 1 or 2 of this section and fails to notify thelegally separated, divorced or surviving spouse as required by subsection 3 ofthis section, such spouse's coverage shall continue in effect, and suchspouse's obligation to make any premium payment for continuation coverageunder sections 376.891 to 376.894 shall be postponed for the period of timebeginning on the date the spouse's coverage would otherwise terminate andending thirty-one days after the date the plan administrator provides therequired notice. Failure or delay by a plan administrator in providing thenotice required by this section shall not reduce, eliminate or postpone theplan sponsor's obligation to pay premiums on behalf of such legally separated,divorced or surviving spouse to the plan administrator during such period.

6. The provisions of sections 376.891 to 376.894 apply only to employerswith twenty or more employees and any policy, contract or plan with twenty ormore certificate holders.