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Opinion of the Court
Bradley J. Washburn argued the cause and filed a brief for respondents.*
Justice Souter delivered the opinion of the Court.
The Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), authorizes a qualified beneficiary of an employer's group health plan to obtain continued coverage under the plan when he might otherwise lose that benefit for certain reasons, such as the termination of employment. The issue in this case is whether 29 U. S. C. § 1162(2)(D)(i) allows an employer to deny COBRA continuation coverage to a qualified beneficiary who is covered under another group health plan at the time he makes his COBRA election. We hold that it does not.
I
On July 16, 1993, respondent Moore Medical Corporation fired James Geissal, who was suffering from cancer. While employed, Geissal was covered under Moore's group health plan as well as the health plan provided by his wife's employer, Trans World Airlines (TWA), through Aetna Life Insurance Company.
According to Geissal, soon after he lost his job, Moore told him that he had a right under COBRA to elect to continue coverage under Moore's plan. Geissal so elected, and made the necessary premium payments for six months. On January 27, 1994, however, Moore informed Geissal it had been mistaken: he was not actually entitled to COBRA benefits
*Gill Deford, Mary Ellen Signorille, Melvin Radowitz, Daniel Feinberg, and Ronald G. Dean filed a brief for the American Association of Retired Persons et al. as amici curiae urging reversal.
Ray M. Aragon, Barbara J. Bacon, and Jeffrey Gabardi filed a brief for the Health Insurance Association of America as amicus curiae urging affirmance.
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