42 U.S.C. § 300bb–5 — Election

(a) In general: (1) Election period — the "election period" is the span of time that: (A) starts no later than the date coverage ends under the plan because of a qualifying event; (B) lasts at least 60 days; and (C) ends no earlier than 60 days after the later of (i) the date described in (A), or (ii) for a beneficiary who gets the notice required by section 300bb–6(4), the date of that notice. (2) Effect of election on other beneficiaries — unless the election says otherwise, when certain qualified beneficiaries (described in section 300bb–8(3)(A)(i) or (B)) elect continuation coverage, that election automatically also covers every other qualified beneficiary who would otherwise lose coverage because of the same qualifying event. If the plan offers a choice of coverage types, each qualified beneficiary can pick separately among those types. (b) Temporary extension of COBRA election period for certain individuals: (1) In general — a "nonelecting TAA-eligible individual" can still elect continuation coverage during the 60 days that start on the first day of the month they become TAA-eligible, but only if they elect within 6 months of the date they lost coverage because of the trade-related job loss. (2) Commencement of coverage; no reach-back — coverage elected this way starts at the beginning of that 60-day window and does not cover any earlier period. (3) Preexisting conditions — the time between losing coverage due to the trade-related job loss and the start of that 60-day window is ignored when counting the 63-day gaps that matter under certain other insurance-portability laws. (4) Definitions — for this subsection: (A) "Nonelecting TAA-eligible individual" means a TAA-eligible individual who lost coverage due to a trade-related job loss and did not elect continuation coverage during the normal 60-day election period tied to that loss. (B) "TAA-eligible individual" means someone who is an eligible trade-adjustment-assistance recipient, or an eligible alternative trade-adjustment-assistance recipient, as defined under section 35(c) of title 26. (C) "TAA-related election period" means the normal 60-day election period that follows directly from a trade-related loss of coverage. (D) "TAA-related loss of coverage" means losing health coverage because of the job separation that made someone TAA-eligible.