§ 58-53-41. Extension of election period and effect on coverage. - North Carolina Statutes

§ 58‑53‑41. Extension of election period and effect on coverage.

(a)        Definitions. – Asused in this section, the following terms have the meanings specified:

(1)        "Act"means the federal American Recovery and Reinvestment Act of 2009, P.L. 111‑5,effective February 17, 2009.

(2)        "Assistanceeligible individual" has the same meaning as found in section 3001 of theAct.

(b)        An employee ormember who does not have an election of continuation coverage, as described inthis Part, in effect on June 8, 2009, but who would be an assistance eligibleindividual under Title III of the Act if that election were in effect, mayelect continuation coverage pursuant to the Part. The election shall be made nolater than 60 days after the date the administrator of the group policy subjectto this Part (or other entity involved) provides the notice required by section3001(a)(7) of the Act. The administrator of the group policy subject to thisPart (or other entity involved) shall provide such individuals with additionalnotice of the right to elect coverage pursuant to this section within 60 daysafter June 8, 2009.

(c)        Continuation ofcoverage elected pursuant to subsection (b) of this section shall commence withthe first period of coverage beginning on or after June 8, 2009, and shall notextend beyond the period of continuation coverage that would have been requiredunder G.S. 58‑53‑35 if the coverage had instead been electedpursuant to G.S. 58‑53‑10.

(d)        With respect to anyindividual electing continuation coverage pursuant to this section, the periodbeginning on the date of the qualifying event and ending on the date of thefirst period of coverage on or after June 8, 2009, shall be disregarded forpurposes of determining the 63‑day period referred to in G.S. 58‑68‑30(c)(2)a.and G.S. 58‑51‑17(a)(2)a.  (2009‑62, s. 1.)