123STA T . 3 47 2 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 SEC.10 10. (a)EXT E NSIO NO F E L I G I B ILIT YP E R IO D . — S ubsection (a)( 3 )( A )o f section 3001 of d i v ision B oft h eA m e r ican R ecover y and Reinvestment Act of 2 00 9 (Pub l ic L a w 111 –5 ) is amended by stri k in g‘ ‘ D ecember 31 , 2009 ’ ’ and inserting ‘‘ F ebruary 2 8 , 2010’’. (b) EXTENSION OF MA XI MU M DURATION OF ASSISTANCE.—Sub - section (a)(2)(A)(ii)( I ) of such section is amended by striking ‘‘9 months’’ and inserting ‘‘15 months’’. (c) RULES RELATED TO 2009 EXTENSION.—Subsection (a) of such section is further amended by adding at the end the following
‘‘(1 6 ) RULES RELATED TO 20 0 9 EXTENSION.— ‘‘(A) ELECTION TO P AY PREMIUMS RETROACTI V ELY AND MAINTAIN COBRA COVERAGE.—In the case of any p remium for a period of coverage during an assistance eligible individual’s transition period, such individual shall be treated for purposes of any CO BRA continuation provision as having timely paid the amount of such premium if— ‘‘(i) such individual was covered under the COBRA continuation coverage to which such premium relates for the period of coverage immediately preceding such transition period, and ‘‘(ii) such individual pays, not later than 60 days after the date of the enactment of this paragraph (or, if later, 30 days after the date of provision of the notification re q uired under subparagraph (D)(ii)), the amount of such premium, after the application of para- graph (1)(A). ‘‘(B) REFUNDS AND CREDITS FOR RETROACTIVE PREMIUM ASSISTANCE ELIGIBILITY.—In the case of an assistance eligible individual who pays, with respect to any period of COBRA continuation coverage during such individual’s transition period, the premium amount for such coverage without regard to paragraph (1)(A), rules similar to the rules of paragraph (12)(E) shall apply. ‘‘(C) T RANSITION PERIOD.— ‘‘(i) IN GENERAL.—For purposes of this paragraph, the term ‘transition period’ means, with respect to any assistance eligible individual, any period of cov- erage if— ‘‘(I) such period begins before the date of the enactment of this paragraph, and ‘‘(II) paragraph (1)(A) applies to such period by reason of the amendment made by section 1010(b) of the Department of Defense Appropria- tions Act, 2010. ‘‘(ii) CONSTRUCTION.—Any period during the period described in subclauses (I) and (II) of clause (i) for which the applicable premium has been paid pursuant to subparagraph (A) shall be treated as a period of coverage referred to in such paragraph, irrespective of any failure to timely pay the applicable premium (other than pursuant to subparagraph (A)) for such period. ‘‘(D) N OTIFICATION.— ‘‘(i) IN GENERAL.—In the case of an individual who was an assistance eligible individual at any time on or after October 31, 2009, or e x periences a qualifying event (consisting of termination of employment) Deadlin e s. De f ini t i o n. Ap pli c a b ilit y . Deadlines. 26USC 6 43 2 note.
