When must my plan administrator send me a COBRA election notice?

Within 44 days of the qualifying event (or the loss of coverage, whichever is later). The plan administrator has 14 days from receiving notice of the qualifying event to send the election notice, and the employer has 30 days to notify the administrator. 29 U.S.C. § 1166; 29 CFR § 2590.606-4.

What is the COBRA election period?

At least 60 days from the later of (1) the date coverage is lost or (2) the date the election notice is sent. 29 U.S.C. § 1165(1). If no notice was ever sent, courts have held the election period never began to run — meaning you may still be able to elect coverage.

What is the § 502(c)(1) penalty for failing to send COBRA notice?

Up to $110 per day from the date of the failure to provide required notice. 29 U.S.C. § 1132(c)(1); 29 C.F.R. § 2575.502c-1. The penalty is discretionary — courts weigh bad faith, prejudice, and length of the delay — but even modest delays produce substantial exposure.

Can I elect COBRA after the election period if the notice was defective?

Potentially yes. Courts have held that a defective or missing notice means the election period never started, so the 60-day window remains open. This demand letter preserves that argument by putting the administrator on formal written notice of the defect.

Do I need to be out of coverage before sending this letter?

No. You can send this letter as soon as you know a qualifying event occurred and the administrator failed to provide proper notice, even if you are still technically covered. Acting early preserves your rights and puts the penalty clock on the record.

Federal benefits hubCOBRA § 1166 election demand

Demand your COBRA election rights — and the penalty for denying them.

When an employer or plan administrator fails to send a proper COBRA notice within 44 days of a qualifying event, the qualified beneficiary retains election rights — and the administrator is exposed to a penalty of up to $110 per day under ERISA § 502(c)(1). This wizard builds a demand letter citing 29 U.S.C. §§ 1161–1167 and 29 CFR § 2590.606-4 that asserts both rights.

About you

About you (the qualified beneficiary)

COBRA election rights under 29 U.S.C. § 1161 extend to the covered employee, spouse, and dependent children — each independently.

Relationship to the covered employee

Your full legal name

Your mailing address

Email (optional)

Phone (optional)

Why this letter matters

COBRA is one of the few federal statutes where a plan administrator's paperwork failure creates immediate financial liability — without requiring you to prove any actual harm. Courts have repeatedly awarded six-figure § 502(c)(1) penalties in cases where the administrator was careless about notice, even where the beneficiary was not ultimately prejudiced.

Send the letter certified mail with return receipt. Keep the receipt and the green return-receipt card. The penalty clock runs from the date of the administrator's failure, but you need documented proof of when you put them on formal notice of the defect to establish the baseline for litigation.

If you have an underlying medical claim that was denied because you lacked coverage — because you never got the notice — that claim is usually recoverable retroactively once coverage is elected. Federal courts have ordering plan administrators to reimburse claims going back to the qualifying event date.

Not legal advice. SynthCounsel is not a law firm. COBRA litigation is technical — the § 502(c)(1) penalty is discretionary and courts weigh bad faith, prejudice, and length of delay. Consider consulting an ERISA-specialist attorney before filing suit.