Common use of Healthcare Continuation Coverage Clause in Contracts

Healthcare Continuation Coverage. If Executive elects to receive continued healthcare coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), the Company shall directly pay, or reimburse Executive for, the premiums for Executive and Executive’s covered dependents at the same levels in effect on the Termination Date during the period commencing on the Termination Date and ending on the earlier to occur of (i) the nine month anniversary of the Termination Date and (ii) the date Executive becomes eligible for comparable coverage under another employer’s plans, provided, however that if (1) any plan pursuant to which such benefits are provided is not, or ceases prior to the expiration of the continuation coverage period to be, exempt from the application of Section 409A under Treasury Regulation Section 1.409A-1(a)(5), (2) the Company is otherwise unable to continue to cover Executive or Executive’s dependents under its group health plans, or (3) the Company cannot provide the benefit without violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then, in any such case, an amount equal to each remaining Company subsidy shall thereafter be paid to Executive in substantially equal monthly installments over the remaining continuation coverage period. After the Company ceases to pay premiums pursuant to the preceding sentence, Executive may, if eligible, elect to continue healthcare coverage at Executive’s expense in accordance with the provisions of COBRA. Executive acknowledges that Executive shall be solely responsible for all matters relating to Executive’s continuation of coverage pursuant to COBRA, including, without limitation, Executive’s election of such coverage and Executive’s timely payment of premiums.

Appears in 2 contracts

Samples: Separation Agreement (Unity Biotechnology, Inc.), Transition and Separation Agreement (Unity Biotechnology, Inc.)

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Healthcare Continuation Coverage. If Executive is eligible for and timely elects to receive continued healthcare coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), the Company shall directly pay, or reimburse Executive for, pay the cost of monthly premiums for Executive and Executive’s covered dependents at dependents, if any, for coverage under the same levels in effect on the Termination Date Company’s group health plans during the period commencing beginning on the Termination Separation Date and ending on the earlier to occur of (i) the nine six-month anniversary of the Termination Separation Date and or (ii) the date Executive becomes eligible for comparable coverage under another employer’s plansgroup health plan(s), provided, however however, that if (1) any plan pursuant to which such benefits are provided is not, or ceases prior to the expiration of the continuation coverage period to be, exempt from the application of Section 409A of the Code under Treasury Regulation Section 1.409A-1(a)(5), (2) the Company is otherwise unable to continue to cover Executive or Executive’s dependents under its group health plans, or (3) the Company cannot provide the benefit without violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then, in any such case, an amount equal to each remaining Company subsidy premium shall thereafter be paid to Executive in substantially equal monthly installments over the remaining continuation coverage periodperiod the Company would otherwise pay the premiums. After the Company ceases to pay premiums pursuant to the preceding sentence, Executive may, if eligible, elect to continue healthcare coverage at Executive’s expense in accordance with the provisions of COBRA. Executive acknowledges that Executive he shall be solely responsible for all matters relating to Executive’s continuation of coverage pursuant to COBRA, including, without limitation, Executive’s election of such coverage and Executive’s his timely payment of premiums.

Appears in 1 contract

Samples: Separation Agreement (Sienna Biopharmaceuticals, Inc.)

Healthcare Continuation Coverage. If Executive timely elects to receive continued healthcare coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), the Company shall directly pay, or reimburse Executive for, the COBRA premiums for Executive and Executive’s covered dependents at the same levels in effect on the Termination Date during the period commencing on the Termination Date and ending on through the earlier to occur of (i) the nine month six (6)-month anniversary of the Termination Date and or (ii) the date on which Executive becomes and/or Executive’s covered dependents, if any, become eligible for comparable healthcare coverage under another employer’s plansplan(s) (such shorter period, the “COBRA Period”); provided, however however, that (x) if (1) any plan pursuant to which such benefits are provided is not, or ceases prior to the expiration of the continuation coverage period COBRA Period to be, exempt from the application of Section 409A under Treasury Regulation Section 1.409A-1(a)(5of the Internal Revenue Code of 1986, as amended (the “Code”), or (2y) the Company is otherwise unable to continue to cover Executive or Executive’s dependents under its group health plans, or (3) the Company cannot provide the benefit plans without violating applicable law incurring penalties (including, without limitation, pursuant to the Patient Protection and Affordable Care Act or Section 2716 of the Public Health Service Act), then, in any such either case, an amount equal to each remaining Company subsidy COBRA premium under such plans shall thereafter be paid to Executive in substantially equal monthly installments over the COBRA Period (or the remaining continuation coverage periodportion thereof). After Following the Company ceases to pay premiums pursuant to expiration of the preceding sentenceCOBRA Period, Executive may, if eligible, may be eligible to elect to continue healthcare coverage for up to thirty (30) additional months at Executive’s expense in accordance with the provisions of COBRACOBRA and applicable state law. Executive acknowledges that Executive he shall be solely responsible for all matters relating to Executive’s continuation of coverage pursuant to COBRA, including, without limitation, Executive’s election of such coverage and Executive’s his timely payment of premiums.

Appears in 1 contract

Samples: Separation Agreement (Broadcom LTD)

Healthcare Continuation Coverage. If Executive timely elects to receive continued healthcare coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"), the Company shall directly pay, pay or reimburse Executive for, (at Company's option) the COBRA premiums for Executive and Executive’s 's covered dependents at the same levels in effect on the Termination Date during the period commencing on the Termination Date and ending on through the earlier to occur of (i) the nine 12-month anniversary of the Termination Separation Date and or (ii) the date on which Executive becomes and/or Executive's covered dependents, if any, become eligible for comparable healthcare coverage under another employer’s plans, 's plan(s) (the "COBRA Payments"); provided, however that if (1) any plan pursuant to which such benefits are provided is not, or ceases prior to the expiration of the continuation coverage period to be, exempt from the application of Section 409A under Treasury Regulation Section 1.409A-1(a)(5), (2) the Company is otherwise unable to continue to cover Executive or Executive’s dependents under its group health plans, or (3) the Company cannot provide the benefit without violating applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then, in any such case, an amount equal to each remaining Company subsidy shall thereafter be paid to Executive in substantially equal monthly installments over the remaining continuation coverage period. After after the Company ceases to directly pay or reimburse premiums pursuant to the preceding sentencethis Section), Executive may, if eligible, elect to continue healthcare coverage at Executive’s 's expense in accordance with the provisions of COBRA. If the Company determines in its sole discretion that it cannot provide the COBRA Payments without potentially violating applicable law, the Company will instead provide Executive with a taxable monthly payment in an amount equal to the monthly COBRA premium that Executive would be required to pay to continue Executive's group health coverage in effect on the Separation Date. Executive acknowledges that Executive shall be solely responsible for all matters relating to Executive’s 's continuation of coverage pursuant to COBRA, including, without limitation, Executive’s 's election of such coverage and Executive’s timely payment of premiumscoverage.

Appears in 1 contract

Samples: Confidential Retirement and Separation Agreement (Eastman Chemical Co)

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Healthcare Continuation Coverage. If Executive elects to receive continued healthcare coverage pursuant to the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), the Company shall directly pay, or reimburse Executive for, the premiums premium for Executive and Executive’s covered dependents at the same levels in effect on the Termination Date during the period commencing on the Termination Separation Date and ending on the earlier to occur of (i) the nine month first anniversary of the Termination Separation Date and (ii) the date Executive becomes and Executive’s covered dependents, if any, become eligible for comparable healthcare coverage under another employer’s plansplan(s). Notwithstanding the foregoing, provided, however that if (1) any plan pursuant to which such benefits are provided is not, or ceases prior to the expiration of the period of continuation coverage period to be, exempt from the application of Section 409A under Treasury Regulation Section 1.409A-1(a)(5), or (2) the Company is otherwise unable to continue to cover Executive or Executive’s dependents under its group health plans, or (3) the Company cannot provide the benefit plans without violating penalty under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), then, in any such either case, an amount equal to each remaining Company subsidy shall thereafter be paid to Executive in substantially equal monthly installments over the remaining continuation coverage periodinstallments. After the Company ceases to pay premiums pursuant to the preceding sentence, Executive may, if eligible, elect to continue healthcare coverage at Executive’s expense in accordance with the provisions of COBRA. Executive acknowledges that Executive shall be solely responsible for all matters relating to Executive’s continuation of coverage pursuant to COBRA, including, without limitation, Executive’s election of such coverage and Executive’s timely payment of premiums.

Appears in 1 contract

Samples: Separation Agreement (Corcept Therapeutics Inc)

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