COBRA Insurance: Who Is Covered, How Long It Lasts and the Premium Cap
COBRA is a federal law that lets many workers and their families temporarily keep job-based health coverage (continuation coverage) after a qualifying event, generally for the plans of employers with 20 or more employees, usually at their own expense, with a premium of up to 102% of the plan's cost. This page quotes the Department of Labor's Employee Benefits Security Administration (EBSA), the U.S. Code and the Code of Federal Regulations on who is covered, how long the coverage lasts, the election period, premiums and grace periods, and HealthCare.gov on Marketplace special enrollment. It also has a calculator for the most a plan may charge in a month.
Maintained by Archie Chang · Reviewed November 3, 2026 · Methodology & sources
Each source below is quoted as it read when we checked on November 3, 2026.
COBRA premium ceiling calculator
COBRA premium ceiling calculator
Example amount, not a typical cost. Enter the monthly cost to the plan of the same coverage for similarly situated people who have not had a qualifying event, with the employer's part included.
The maximum the rule allows for one month
Cost entered: $800.00 a month. The figures are ceilings: the plan may charge less, and these are not what any plan charges.
| Coverage month | Limit | Maximum for the month |
|---|---|---|
| Any month, including months 1 through 18 | 102% of the cost | up to $816.00 |
| The 19th month and later, for coverage covering a disabled qualified beneficiary in a disability extension, only if the coverage would not be required without the disability extension | 150% of the cost | up to $1,200.00 |
What the calculator does and leaves out
The calculator multiplies the monthly cost entered by 102% or by 150%, the two percentages in the rule, and reports the result as the maximum the rule allows. A plan may charge less, and the result says nothing about what a particular plan charges. The statute says the plan “may” require a premium, and EBSA says the full premium is usual but not always paid by the former employee:
“The plan may require payment of a premium for any period of continuation coverage, except that such premium— (A) shall not exceed 102 percent of the applicable premium for such period, and (B) may, at the election of the payor, be made in monthly installments.”
“COBRA typically lets you keep the same health benefits you had while employed--including access to your doctors and similar costs for prescriptions. However, cost is an important consideration when electing COBRA. You usually pay the full premium amount, unless your employer agrees to cover some or all of it as part of your separation.”
The base is the plan's cost, including the employer's share. The calculator takes the number entered as that cost and does not work it out. For self-insured plans the statute has its own rules, quoted below with gaps marked […]; the calculator does not apply them:
“To the extent that a plan is a self-insured plan—
(A) In general
Except as provided in subparagraph (B), the applicable premium for any period of continuation coverage of qualified beneficiaries shall be equal to a reasonable estimate of the cost of providing coverage for such period for similarly situated beneficiaries which—
(i) is determined on an actuarial basis, and
(ii) takes into account such factors as the Secretary may prescribe in regulations.
(B) Determination on basis of past cost
If an administrator elects to have this subparagraph apply, the applicable premium for any period of continuation coverage of qualified beneficiaries shall be equal to—
[…]
(C) Subparagraph (B) not to apply where significant change
An administrator may not elect to have subparagraph (B) apply in any case in which there is any significant difference, between the determination period and the preceding determination period, in coverage under, or in employees covered by, the plan. The determination under the preceding sentence for any determination period shall be made at the same time as the determination under paragraph (3).”
“The term “applicable premium” means, with respect to any period of continuation coverage of qualified beneficiaries, the cost to the plan for such period of the coverage for similarly situated beneficiaries with respect to whom a qualifying event has not occurred (without regard to whether such cost is paid by the employer or employee).”
“Your group health plan can require you to pay for COBRA continuation coverage. The maximum amount charged cannot exceed 102 percent of the cost to the plan for similarly situated individuals covered under the plan who have not incurred a qualifying event. In calculating COBRA premiums, the plan can include the costs paid by both you and your employer, plus an additional 2 percent for administrative costs. If you receive the 11-month disability extension of continuation coverage, the premium for those additional months may be increased to 150 percent of the plan’s total cost of coverage.”
The 150% row has conditions. The regulation allows it only for coverage covering a disabled qualified beneficiary and only if the coverage would not be required without the disability extension. A second qualifying event within the original 18-month period stays at 102%; the 150% can run from the 19th month through the 36th month only when the second event occurs after the end of the original 18-month period and the disabled qualified beneficiary is still included in the coverage. The regulation says:
“A group health plan is permitted to require the payment of an amount that does not exceed 150 percent of the applicable premium for any period of COBRA continuation coverage covering a disabled qualified beneficiary (for example, whether single or family coverage) if the coverage would not be required to be made available in the absence of a disability extension.”
“A plan is not permitted to require the payment of an amount that exceeds 102 percent of the applicable premium for any period of COBRA continuation coverage to which a qualified beneficiary is entitled without regard to the disability extension. Thus, if a qualified beneficiary entitled to a disability extension experiences a second qualifying event within the original 18-month maximum coverage period, then the plan is not permitted to require the payment of an amount that exceeds 102 percent of the applicable premium for any period of COBRA continuation coverage. By contrast, if a qualified beneficiary entitled to a disability extension experiences a second qualifying event after the end of the original 18-month maximum coverage period, then the plan may require the payment of an amount that is up to 150 percent of the applicable premium for the remainder of the period of COBRA continuation coverage (that is, from the beginning of the 19th month through the end of the 36th month) as long as the disabled qualified beneficiary is included in that coverage.”
The calculator does not apply any state continuation law; the federal rule's reach is quoted under “Who is covered.” It does not apply any premium subsidy either. The EBSA COBRA page and the HealthCare.gov COBRA and Special Enrollment pages give no dates for COBRA premium assistance, the term HealthCare.gov uses, so none are shown. HealthCare.gov mentions it in its list of conditions for switching from COBRA outside Open Enrollment, quoted line by line (the source has no space after “if:”):
“Outside Open Enrollment: You can switch from COBRA to a Marketplace plan if:Your COBRA coverage is running out.
You have to pay the full cost of COBRA coverage because your former employer stops contributing, or you lose a government subsidy (like COBRA premium assistance).
It’s still within 60 days of when you lost your job-based coverage.”
The EBSA guide mentions a different credit, with a date:
“The Health Coverage Tax Credit expired on December 31, 2022. If you have questions about the Health Coverage Tax Credit, visit the IRS’s website.”
The rule does not say how to round a fraction of a cent: none of the EBSA guide, 29 U.S.C. 1162, 29 U.S.C. 1164 and 26 CFR 54.4980B-8 mentions rounding. The calculator rounds down to the cent so the figure never passes the limit, and shows the exact figure and the nearest-cent figure when they differ. It does not model changes in the amount over time; EBSA says:
“Plans may increase your COBRA premium if the cost to the plan increases, but plans must generally fix premiums before each 12-month premium cycle.”
Who is covered
EBSA describes COBRA this way:
“The Consolidated Omnibus Budget Reconciliation Act, or COBRA, is a federal law that allows workers and their families to temporarily keep their health coverage in certain situations.”
“Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), many employees and their families who would lose their health insurance or other group health plan coverage because of a serious life event can keep it for a limited time, usually at their own expense. This temporary extension of health coverage is called COBRA continuation coverage.”
The 20-employee rule is worded two ways. The table sets the statute and the EBSA guide side by side; the two documents word the test differently, and this page does not decide between them.
| Document | Wording |
|---|---|
| 29 U.S.C. 1161(a) and (b) | “The plan sponsor of each group health plan shall provide, in accordance with this part, that each qualified beneficiary who would lose coverage under the plan as a result of a qualifying event is entitled, under the plan, to elect, within the election period, continuation coverage under the plan. […] Subsection (a) shall not apply to any group health plan for any calendar year if all employers maintaining such plan normally employed fewer than 20 employees on a typical business day during the preceding calendar year.” |
| EBSA, An Employee’s Guide to Health Benefits Under COBRA, Covered Plans | “COBRA covers group health plans sponsored by an employer (private-sector or state/local government) that had at least 20 employees on more than 50 percent of its typical business days in the previous calendar year. Both full- and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of a full-time employee, with the fraction equal to the number of hours worked divided by the hours an employee must work to be considered full-time.” |
The EBSA guide also says who is outside the federal rule and what applies to smaller employers:
“COBRA does not apply to plans sponsored by the federal government or by churches and certain church-related organizations. Many states have laws similar to COBRA or laws sometimes referred to as mini-COBRA, which apply to health plans maintained by employers with fewer than 20 employees.”
“Federal employees are covered by a federal law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.”
OPM's page is OPM page (linked only); nothing on this page is taken from it.
Qualifying events
The statute defines a qualifying event this way (the whole list):
“For purposes of this part, the term “qualifying event” means, with respect to any covered employee, any of the following events which, but for the continuation coverage required under this part, would result in the loss of coverage of a qualified beneficiary:
(1) The death of the covered employee.
(2) The termination (other than by reason of such employee’s gross misconduct), or reduction of hours, of the covered employee’s employment.
(3) The divorce or legal separation of the covered employee from the employee’s spouse.
(4) The covered employee becoming entitled to benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.].
(5) A dependent child ceasing to be a dependent child under the generally applicable requirements of the plan.
(6) A proceeding in a case under title 11, commencing on or after July 1, 1986, with respect to the employer from whose employment the covered employee retired at any time.
In the case of an event described in paragraph (6), a loss of coverage includes a substantial elimination of coverage with respect to a qualified beneficiary described in section 1167(3)(C) of this title within one year before or after the date of commencement of the proceeding.”
“COBRA only establishes the minimum requirements for continuation coverage. A plan can choose to provide longer periods of continuation coverage or to contribute to the cost.”
FMLA leave is not itself a qualifying event, but a later event can be. FedRateCalc's FMLA forms page covers the leave forms. EBSA says:
“Group health coverage that is provided under the FMLA during a family or medical leave is not COBRA continuation coverage, and taking FMLA leave is not a qualifying event under COBRA. However, a COBRA qualifying event may occur when an employer no longer has an obligation to maintain health benefits under the FMLA, such as when an employee taking FMLA leave decides not to return to work and notifies an employer of their intent not to return.”
How long COBRA coverage lasts: 18, 29 and 36 months
The statute sets the periods a plan must provide at a minimum, with this lead-in:
“The coverage must extend for at least the period beginning on the date of the qualifying event and ending not earlier than the earliest of the following:”
| Situation | Maximum period | Condition stated | Source |
|---|---|---|---|
| Termination of employment (other than for gross misconduct) or reduction in hours | 18 months after the qualifying event | The general rule; a plan may provide longer. | 29 U.S.C. 1162(2)(A)(i), 1163(2) |
| A qualified beneficiary determined by SSA to have been disabled during the first 60 days of continuation coverage | 29 months (an 11-month extension), with respect to all qualified beneficiaries | Only if the qualified beneficiary gives notice of the determination before the end of the 18 months, and (EBSA guide) the disability must continue during the rest of the 18 months. The statute makes the qualified beneficiary responsible for notifying the plan administrator within 60 days after the date of the determination; the notice wordings are shown side by side below. | 29 U.S.C. 1162(2)(A)(viii), 1166(a)(3); EBSA guide |
| A second qualifying event during the 18 months (other than the retiree bankruptcy event in 1163(6)) | 36 months after the date of the termination or reduction in hours (the 1163(2) event), not from the second event | The second event counts only if it would have caused you to lose coverage under the plan in the absence of the first qualifying event. When the disability rule applies, the statute reads the 18 months in this rule as 29 months (1162(2)(A)(viii)). | 29 U.S.C. 1162(2)(A)(ii); EBSA guide |
| Termination or reduction in hours when the employee became entitled to Medicare less than 18 months earlier | For qualified beneficiaries other than the employee, not before the close of 36 months from the Medicare entitlement | The 36-month period begins on the date the covered employee became entitled to Medicare. | 29 U.S.C. 1162(2)(A)(vii) |
| Other qualifying events not described in 1163(2) or 1163(6) (death, divorce or legal separation, Medicare entitlement, loss of dependent child status) | 36 months after the qualifying event | The general rule for these events. | 29 U.S.C. 1162(2)(A)(iv), 1163 |
The table is FedRateCalc's summary of the statute and the EBSA guide, and each row is tested against the saved text. It leaves out the statute's special rules for people receiving Pension Benefit Guaranty Corporation benefits and for trade adjustment assistance recipients, and the retiree bankruptcy rules, where the EBSA guide says:
“Under COBRA, certain retirees and their family members who receive post-retirement health coverage from employers have special COBRA rights in the event that the employer is involved in bankruptcy proceedings begun on or after July 1, 1986. This booklet does not fully describe the COBRA rights of that group.”
These are the other dates in 29 U.S.C. 1162(2)(B) to (E) on which coverage can end before the end of the period (every date it lists in (B) to (E)):
- The employer stops providing any group health plan to any employee.
- Coverage ends because a premium required under the plan was not paid on time.
- After the election, the qualified beneficiary first becomes covered under another group health plan (the statute words this as a plan that does not contain a preexisting-condition exclusion or limitation of the kind it describes) or, for a qualified beneficiary other than one described in 1167(3)(C), entitled to Medicare.
- For a qualified beneficiary who is disabled at any time during the first 60 days of continuation coverage, the month that begins more than 30 days after a final Social Security determination that the person is no longer disabled.
The EBSA guide lists the reasons a plan may end coverage early this way:
“A group health plan may terminate continuation coverage earlier than the end of the maximum period for any of the following reasons: • Premiums are not paid in full on a timely basis; • The employer stops maintaining any group health plan; • A qualified beneficiary begins coverage under another group health plan; • A qualified beneficiary becomes entitled to Medicare benefits; or • A qualified beneficiary engages in fraud or other conduct that would justify terminating coverage. If continuation coverage is terminated early, the plan must provide the qualified beneficiary with an early termination notice.”
The guide's list has one item that the statute's list in 1162(2) does not have: fraud or other conduct that would justify terminating coverage.
The disability extension is worded two ways. The statute counts a qualified beneficiary “determined […] to have been disabled at any time during the first 60 days of continuation coverage”; the EBSA guide says the determination must come “before the 60th day.” The two documents word the timing differently, and both are quoted:
“In the case of a qualified beneficiary who is determined, under title II or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.], to have been disabled at any time during the first 60 days of continuation coverage under this part, any reference in clause (i) or (ii) to 18 months is deemed a reference to 29 months (with respect to all qualified beneficiaries), but only if the qualified beneficiary has provided notice of such determination under section 1166(3) […] of this title before the end of such 18 months.”
“If one of the qualified beneficiaries in your family is disabled and meets certain requirements, all of the qualified beneficiaries in your family are entitled to an 11-month extension of continuation coverage (for a total maximum period of 29 months). The plan can charge an increased premium, up to 150 percent of the cost of coverage, during the 11-month disability extension.”
“The requirements are: (1) the Social Security Administration (SSA) must determine the qualified beneficiary is disabled before the 60th day of continuation coverage and (2) the disability must continue during the rest of the 18-month period of continuation coverage.”
The notice of the determination is worded two ways as well; the two documents word the deadline differently:
| Document | Wording |
|---|---|
| 29 U.S.C. 1166(a)(3) | “[…] each qualified beneficiary who is determined, under title II or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.], to have been disabled at any time during the first 60 days of continuation coverage under this part is responsible for notifying the plan administrator of such determination within 60 days after the date of the determination and for notifying the plan administrator within 30 days after the date of any final determination under such title or titles that the qualified beneficiary is no longer disabled […]” |
| EBSA, An Employee’s Guide to Health Benefits Under COBRA, Duration of Continuation Coverage (Disability) | “The qualified beneficiary who is disabled (or another person on their behalf) must notify the plan of the SSA determination. The plan can set a time limit for providing this notice of disability, but the time limit cannot be less than 60 days, starting from the latest of: • The date SSA issues the disability determination; • The date the qualifying event occurs; • The date the qualified beneficiary loses (or would lose) coverage under the plan as a result of the qualifying event; or • The date the qualified beneficiary is informed, through either the SPD or the COBRA general notice, of the responsibility to notify the plan and the procedures for doing so.” |
Election period: 60 days
EBSA words the election period in two places, and both run 60 days from the later of two dates:
“You have 60 days to enroll in COBRA, starting when your job-based coverage ends or when you receive a COBRA election notice--whichever is later.”
“Your plan must give you at least 60 days to choose whether or not to elect COBRA coverage, beginning from the date the election notice is provided or the date you would otherwise lose health coverage due to the qualifying event, whichever is later.”
“After the plan receives notice of a qualifying event, it must provide the qualified beneficiaries with an election notice within 14 days.”
Premium ceilings, the first premium and grace periods
The statute and the regulation set the 102% ceiling and the 150% disability ceiling quoted above. The regulation words the 102% rule this way, pointing to the disability rule:
“For any period of COBRA continuation coverage, a group health plan can require the payment of an amount that does not exceed 102 percent of the applicable premium for that period. (See paragraph (b) of this Q&A-1 for a rule permitting a plan to require payment of an increased amount due to the disability extension.)”
The last two sentences of 29 U.S.C. 1162(3) set the 45-day rule and the 150% rule:
“In no event may the plan require the payment of any premium before the day which is 45 days after the day on which the qualified beneficiary made the initial election for continuation coverage.”
In the next sentence, “an individual described in the last sentence of paragraph (2)(A)” refers to the disability rule in 29 U.S.C. 1162(2)(A)(viii), the last clause of paragraph (2)(A):
“In the case of an individual described in the last sentence of paragraph (2)(A), […] any reference in subparagraph (A) of this paragraph to “102 percent” is deemed a reference to “150 percent” for any month after the 18th month of continuation coverage described in clause (i) or (ii) of paragraph (2)(A).”
The first premium cannot be required before 45 days after the election. The three documents word the 30-day payment period slightly differently (a grace period, 30 days after the date due, and 30 days after the first day of the coverage period); all three are quoted, with the regulation's exceptions:
“The plan cannot require you to pay a premium when you make the COBRA election. It must provide at least 45 days after you elect COBRA for you to make an initial premium payment. If you fail to make any payment before the end of the initial 45-day period, the plan can terminate your COBRA rights.”
“Notwithstanding paragraph (a) of this Q&A-5, a plan cannot require payment for any period of COBRA continuation coverage for a qualified beneficiary earlier than 45 days after the date on which the election of COBRA continuation coverage is made for that qualified beneficiary.”
“The plan should set due dates for any subsequent premium payments, but it must provide a minimum 30-day grace period for each payment. If you do not pay a premium by the first day of a coverage period, but you pay it within the grace period, the plan may cancel your coverage until payment is received and then reinstate the coverage retroactively back to the beginning of the period. The plan can terminate coverage if full payment is not received before the end of a grace period. If the amount of a payment made to the plan is incorrect but not significantly less than the amount due, the plan must notify you of the deficiency and grant a reasonable period (for this purpose, 30 days is considered reasonable) to pay the difference. The plan is not obligated to send monthly premium notices, but it must provide a notice of early termination if it terminates your continuation coverage due to your failure to make a timely payment.”
“Except as provided in this paragraph (a) or in paragraph (b) or (d) of this Q&A-5, timely payment for a period of COBRA continuation coverage under a group health plan means payment that is made to the plan by the date that is 30 days after the first day of that period.”
“The payment of any premium (other than any payment referred to in the last sentence of paragraph (3)) shall be considered to be timely if made within 30 days after the date due or within such longer period as applies to or under the plan.”
Marketplace special enrollment
HealthCare.gov says how to apply depends on whether the state has its own Marketplace, quoted below with its other statements on COBRA. FedRateCalc's ACA subsidy calculator covers the premium tax credit.
“Being offered COBRA continuation coverage doesn’t mean you are ineligible for Marketplace coverage or for a tax credit.”
“You can enroll in a Marketplace plan within 60 days of losing your job-based coverage.”
“To special enroll in a Marketplace plan, you must select a plan within 60 days before or after losing your job-based coverage. However, anyone can enroll in Marketplace coverage during an open enrollment period. If you need health coverage for medical care in the time between losing your job-based coverage and beginning coverage through the Marketplace, you may wish to elect COBRA coverage from your former employer’s plan. You then will have health coverage until the Marketplace coverage begins. If you or your dependent elects COBRA continuation coverage and experiences a new special enrollment event, you can request special enrollment in another group health plan or a Marketplace plan. Special enrollment events include marriage, the birth of a child, or if you exhaust your COBRA coverage.”
“You may qualify for a Special Enrollment Period if you or anyone in your household lost qualifying health coverage in the past 60 days OR expects to lose coverage in the next 60 days. (If you lost Medicaid or Children's Health Insurance Program (CHIP) coverage in the past 90 days, you may qualify for a Special Enrollment Period.)”
“If you leave COBRA before 18 months, whether you qualify for a Special Enrollment Period depends on why you left:
Losing coverage involuntarily (like if your employer stops coverage or you lose eligibility) qualifies you for a Special Enrollment Period.
Voluntarily dropping COBRA doesn’t count. Choosing to stop paying COBRA premiums on your own doesn’t qualify.”
“How you apply depends on if your state has its own Marketplace. Pick your state to find how to get coverage.”
EBSA contact
The EBSA guide gives this contact for questions:
“If you need further information about COBRA, the Affordable Care Act, HIPAA, or ERISA, visit the Employee Benefits Security Administration’s website. You can contact the Employee Benefits Security Administration electronically or call toll free 1-866-444-3272.”
Frequently asked questions
What is COBRA insurance?
The EBSA COBRA page, when we checked on November 3, 2026, described COBRA as a federal law that “allows workers and their families to temporarily keep their health coverage in certain situations.” An Employee’s Guide to Health Benefits Under COBRA says many employees and their families who would lose group health plan coverage because of a serious life event “can keep it for a limited time, usually at their own expense.”
Does COBRA apply to small employers?
29 U.S.C. 1161(b) says the requirement does not apply to a group health plan for a calendar year if all employers maintaining it “normally employed fewer than 20 employees on a typical business day during the preceding calendar year.” An Employee’s Guide to Health Benefits Under COBRA words the test as a plan of an employer that had at least 20 employees “on more than 50 percent of its typical business days in the previous calendar year.” The guide adds “Both full- and part-time employees are counted to determine whether a plan is subject to COBRA” and that each part-time employee counts as a fraction of a full-time employee. It says many states have laws similar to COBRA, sometimes called mini-COBRA, for employers with fewer than 20 employees.
How long does COBRA coverage last?
Under 29 U.S.C. 1162, the coverage must extend for at least 18 months after a termination of employment (other than for gross misconduct) or a reduction in hours. If a second qualifying event (other than the 29 U.S.C. 1163(6) bankruptcy event) occurs during the 18 months, the statute gives 36 months counted from that termination or reduction in hours (the 29 U.S.C. 1163(2) event), not from the second event; An Employee’s Guide to Health Benefits Under COBRA limits this: “The second event can be a second qualifying event only if it would have caused you to lose coverage under the plan in the absence of the first qualifying event.” A qualifying event not described in 29 U.S.C. 1163(2) or 1163(6) gets 36 months after that event, with further rules for Medicare entitlement. Coverage can end earlier, for example if a premium is not paid on time, and the guide says “a plan may provide longer periods of coverage beyond what is required by law.”
How long does the COBRA disability extension last?
Under 29 U.S.C. 1162(2)(A)(viii), for a qualified beneficiary determined under title II or XVI of the Social Security Act “to have been disabled at any time during the first 60 days of continuation coverage”, the 18 months become 29 months “(with respect to all qualified beneficiaries), but only if the qualified beneficiary has provided notice of such determination” before the end of the 18 months. 29 U.S.C. 1166(a)(3) makes the qualified beneficiary responsible for notifying the plan administrator “within 60 days after the date of the determination”. An Employee’s Guide to Health Benefits Under COBRA words the conditions differently: Social Security must determine the person is disabled “before the 60th day of continuation coverage” and “the disability must continue during the rest of the 18-month period of continuation coverage”, and a plan’s time limit for the notice “cannot be less than 60 days”.
How much can a plan charge for COBRA coverage?
A plan may charge less. 26 CFR 54.4980B-8 says a group health plan can require an amount that “does not exceed 102 percent of the applicable premium for that period.” For coverage covering a disabled qualified beneficiary, the regulation permits an amount that “does not exceed 150 percent of the applicable premium” but only “if the coverage would not be required to be made available in the absence of a disability extension”, in its examples, the 19th through the 29th month. An Employee’s Guide to Health Benefits Under COBRA says employers “may require you to pay the full cost of the coverage, plus a 2 percent administration charge.” 29 U.S.C. 1162(3) says the premium “shall not exceed 102 percent of the applicable premium”.
How long is the COBRA election period?
The EBSA COBRA page, when we checked on November 3, 2026, said “You have 60 days to enroll in COBRA, starting when your job-based coverage ends or when you receive a COBRA election notice--whichever is later.” An Employee’s Guide to Health Benefits Under COBRA words it as at least 60 days from the date the election notice is provided or the date coverage would otherwise be lost, “whichever is later.”
When is the first COBRA premium due?
An Employee’s Guide to Health Benefits Under COBRA says the plan “must provide at least 45 days after you elect COBRA for you to make an initial premium payment”, and “a minimum 30-day grace period for each payment” after that. 26 CFR 54.4980B-8 Q&A-5 says that, except as it provides in its paragraphs (a), (b) and (d), timely payment means payment made by the date that is 30 days after the first day of the coverage period, and that a plan cannot require payment earlier than 45 days after the election.
Can a person get Marketplace coverage instead of COBRA?
The HealthCare.gov COBRA page, when we checked on November 3, 2026, said “You can enroll in a Marketplace plan within 60 days of losing your job-based coverage.” An Employee’s Guide to Health Benefits Under COBRA says that to special enroll “you must select a plan within 60 days before or after losing your job-based coverage”, and the HealthCare.gov Special Enrollment Period page, when we checked on November 3, 2026, said a person may qualify if they “lost qualifying health coverage in the past 60 days OR expects to lose coverage in the next 60 days”. The HealthCare.gov COBRA page also said “Voluntarily dropping COBRA doesn’t count” toward a Special Enrollment Period. The HealthCare.gov Marketplace in your state page, when we checked on November 3, 2026, said “How you apply depends on if your state has its own Marketplace.”
Related FedRateCalc pages
Sources
Every rule, period, percentage and phone number on this page comes from one of these documents.
- EBSA, An Employee’s Guide to Health Benefits Under COBRA (PDF)
- EBSA, COBRA Continuation Coverage
- 29 U.S.C. 1161
- 29 U.S.C. 1162
- 29 U.S.C. 1163
- 29 U.S.C. 1164
- 29 U.S.C. 1165
- 29 U.S.C. 1166
- 29 U.S.C. 1167
- 29 U.S.C. 1168
- 26 CFR 54.4980B-8, Paying for COBRA continuation coverage (eCFR)
- HealthCare.gov, COBRA coverage when you’re unemployed
- HealthCare.gov, Special Enrollment Period
- HealthCare.gov, The Marketplace in your state
- OPM page (linked only) (linked only; nothing on this page is taken from it)