When can a beneficiary elect COBRA if they have not yet received the election notice?

• A. They may elect immediately
• B. They may elect only after they receive the notice
• C. The election window begins when notice is provided; if no notice is received, the window does not start until notice
• D. They may elect after 180 days regardless of notice

Answer: (C)

COBRA rights are not exercisable until the plan provides the election notice. The time to elect (the election window) starts when that notice is given to the beneficiary. If no notice is received, there is no countdown to begin, so the window cannot start in the absence of notice. In practical terms, you have 60 days to elect COBRA from the date the notice is provided (not from the qualifying event date), so if the notice never arrives, you aren’t able to elect until it is provided. This is why the correct approach is that the election window begins when notice is provided; if no notice is received, the window does not start until notice.