State RegulationsVA specificDifficulty 2/5
A Virginia employee covered under a plan subject to Va. Code § 38.2-3541 loses eligibility in a qualifying event, and the employer gives the required notice. How long does the employee have to elect continuation, and how is coverage handled during the election period?
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Answer & full 3-part explanation (select an option above, or peek)
Why B is correct
Va. Code § 38.2-3541 gives the qualified person 60 days after the qualifying event or the required notice to elect continuation coverage. During the election period, coverage continues so long as premiums are kept current — payment is due within 31 days of the premium due date. The dual-clock structure (60 days to choose, 31 days to pay each premium) keeps the departing employee protected while the election is pending, and it is the structure the Virginia Bureau of Insurance expects insurers to administer.
Why the other options are wrong
- A) The election window is 60 days under Va. Code § 38.2-3541, not 10, and coverage does not lapse during a properly funded election period.
- C) There is no 90-day window and no insurer-approval condition; the election belongs to the qualified person within the statutory 60 days.
- D) A 5-day election window is invented, and continuation is conditional on premium payment — it is never unconditional.
Memory hook
60 to choose, 31 to pay — coverage holds while both clocks run.