362 / Under what circumstances do employees serving in the military receive COBRA-like health insurance coverage continuation?

Employees serving in the uniformed services are entitled to COBRA-like continuation health coverage under the Uniformed Services Employment and Reemployment Rights Act² regardless of whether the employer is otherwise exempt from COBRA’s continuation coverage requirements. Consequently, employers with fewer than 20 employees must provide continuation benefits to service members even in the absence of an obligation to do so under COBRA. The Veteran’s Benefit Improvement Act of 2004 increased the period for which the employee may elect from 18 to 24 months. This extension applies to all continuation elections made after December 10, 2004.

1. Notice 90-58, 1990-2 CB 345.

2. USERRA, 38 USC § 4317(a).