§ 58-53-50. Restrictions. - North Carolina Statutes

§58‑53‑50.  Restrictions.

A converted policy shall notbe available to an employee or member if termination of his insurance under thegroup policy occurred because:

(1)        Of termination ofemployment or membership and either he was not entitled to continuation ofgroup coverage under Part 1 of this Article or failed to elect suchcontinuation;

(2)        He failed to maketimely payment of any required contribution for the cost of continuation ofinsurance;

(3)        He had not beencontinuously covered under the group policy or for similar benefits under anyother group policy that it replaced during the period of three consecutivemonths immediately prior to termination of active employment ending with suchtermination;

(4)        The group policyterminated or an employer's participation terminated, and the insurance isreplaced by similar coverage under another group policy within 31 days of dateof termination; or

(5)        He failed tocontinue his insurance for the entire maximum period of 18 months followingtermination of active employment as provided for in Part 1 of this Article,unless that failure to continue was because of change of insurer by theemployer and the change of insurer was consummated during the one yearcontinuation period. In that event the employee or member shall be entitled tobe issued a converted policy by the insurer that provided the group policy tothe employer before the change of insurer. (1981, c. 706, s. 1; 1983, c.142, s. 3; 1993 (Reg. Sess., 1994), c. 569, s. 9; 1997‑259, s. 13.)