Is COBRA available for government or union plans?

• A. No
• B. Yes, only for government plans
• C. Yes, where the plan is a group health plan; specifics depend on ERISA status
• D. Yes for private sector plans only

Answer: (C)

The key idea is that COBRA continuation depends on the plan being a group health plan that is subject to ERISA. COBRA doesn't apply to every government or union plan by virtue of its sponsor; it applies when the plan is a group health plan and falls under ERISA.

For unions, many union-sponsored health plans are group health plans and, if they are ERISA-covered, become COBRA-eligible. For government plans, they’re generally not governed by ERISA and thus not automatically COBRA-eligible; however, if a government plan is structured as an ERISA-covered group health plan, COBRA can apply.

So the correct view is that COBRA is available where the plan is a group health plan, with the exact applicability depending on whether the plan is ERISA-covered.