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 premium for Executive and Executive’s covered dependents through the earlier of (i) the end of the Severance Period or (ii) the date Executive and Executive’s covered dependents, if any, become eligible for healthcare coverage under another employer’s plan(s); provided that, if the Company determines that it cannot provide such continued health benefits without potentially violating applicable law or incurring additional expense for non-compliance under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will provide to Employee in lieu thereof a lump-sum payment in an amount equal to the then-remaining premiums for the remainder of the Severance Period of such continued health benefits, which payment will be made regardless of whether Employee elects COBRA continuation coverage. 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 (KalVista Pharmaceuticals, Inc.), Separation Agreement (KalVista Pharmaceuticals, 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, pay or reimburse Executive for, (at Company's option) the premium COBRA premiums for Executive and Executive’s 's covered dependents through the earlier of (i) the end 12-month anniversary of the Severance Period Separation Date or (ii) the date on which Executive and and/or Executive’s 's covered dependents, if any, become eligible for healthcare coverage under another employer’s 's plan(s) (the "COBRA Payments"); provided thatprovided, if the Company determines that it cannot provide such continued health benefits without potentially violating applicable law or incurring additional expense for non-compliance under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will provide to Employee in lieu thereof a lump-sum payment in an amount equal to the then-remaining premiums for the remainder of the Severance Period of such continued health benefits, which payment will be made regardless of whether Employee elects COBRA continuation coverage. 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)
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, and applicable state law, as amended (“together, "COBRA”"), the Company shall directly pay, or reimburse Executive for, the premium COBRA premiums for Executive and Executive’s 's covered dependents dependents, through the earlier of (i) the end of the Severance Period July 31, 2022 or (ii) the date on which Executive and and/or Executive’s 's covered dependents, if any, become eligible for healthcare coverage under another employer’s 's plan(s); provided thatprovided, if the Company determines that it cannot provide such continued health benefits without potentially violating applicable law or incurring additional expense for non-compliance under applicable law (including, without limitation, Section 2716 of the Public Health Service Act), the Company will provide to Employee in lieu thereof a lump-sum payment in an amount equal to the then-remaining premiums for the remainder of the Severance Period of such continued health benefits, which payment will be made regardless of whether Employee elects COBRA continuation coverage. After after the Company ceases to pay premiums pursuant to the preceding sentencereimburse Executive for COBRA premiums, Executive may, if eligible, elect to continue healthcare coverage at Executive’s 's expense in accordance with the provisions of COBRA. Executive shall notify the Company immediately if Executive becomes covered by a group health plan of a subsequent employer. Notwithstanding the foregoing, if the Company is unable to continue to cover Executive under its group health plans without penalty under applicable law (including without limitation, Section 2716 of the Public Health Service Act), then, in either case, an amount equal to each remaining Company subsidy shall thereafter be paid to Executive in substantially equal monthly installments. Executive acknowledges that Executive he 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 his timely payment of premiums.
Appears in 1 contract