What is the name of your state? AL
My former employer told me on the day of my termination that I had to get continuation information from the care provider (Blue Cross). This was obviously wrong I came to find I after repeated inquiries to the old employer getting nowhere I asked Blue Cross to contact my old employers agent so the agent may tell them of their obligations. My employers plan is administered by them, not by anyone outside.
After confirming with the employer that the agent contacted them, I was told I would be receiving my election letter shortly. It was not until 67 days after the qualifying event that I finally received rate information and election letter, following yet another pair of inquiries by me.
I am reading the regulations and penalties from a non-government website, but I have gathered that it was the employers obligation to provide notice within 14 days, and if in violation there are fines of $100 per day per IRS excise tax and $110 per day per beneficiary payable to the beneficiary (me) under ERISA.
I would like to recover these fines and fees and would like to confirm that this is accurate information. Could the former employer be liable for my court costs and attorney fees as well, under ERISA?
here is my resource:
http://www.flexamerica.com/cobra/cobra.htm
My former employer told me on the day of my termination that I had to get continuation information from the care provider (Blue Cross). This was obviously wrong I came to find I after repeated inquiries to the old employer getting nowhere I asked Blue Cross to contact my old employers agent so the agent may tell them of their obligations. My employers plan is administered by them, not by anyone outside.
After confirming with the employer that the agent contacted them, I was told I would be receiving my election letter shortly. It was not until 67 days after the qualifying event that I finally received rate information and election letter, following yet another pair of inquiries by me.
I am reading the regulations and penalties from a non-government website, but I have gathered that it was the employers obligation to provide notice within 14 days, and if in violation there are fines of $100 per day per IRS excise tax and $110 per day per beneficiary payable to the beneficiary (me) under ERISA.
I would like to recover these fines and fees and would like to confirm that this is accurate information. Could the former employer be liable for my court costs and attorney fees as well, under ERISA?
here is my resource:
http://www.flexamerica.com/cobra/cobra.htm