State RegulationsVA specificDifficulty 3/5
Which situation may properly disqualify a person from Virginia continuation coverage under Va. Code § 38.2-3541?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Va. Code § 38.2-3541 excludes discharge for gross misconduct from the qualifying events that trigger continuation coverage. Ordinary losses of eligibility — voluntary resignation, reduced hours ending benefit eligibility, or the employer discontinuing the plan — remain qualifying events: the employer or insurer must give the required 14-day notice after learning of the event, and the person may then elect the 12 months of continuation the statute provides. The gross-misconduct exclusion is the narrow door out of an otherwise broad continuation duty under Virginia law.
Why the other options are wrong
- B) A voluntary resignation is a loss of employment not for gross misconduct, so it is a qualifying event under Va. Code § 38.2-3541.
- C) Reduced hours that end benefit eligibility are a classic qualifying event triggering the notice and election machinery.
- D) Discontinuation of the plan itself triggers the duty to offer continuation; it is not a disqualifier.
Memory hook
Gross misconduct slams the door; ordinary job loss opens the 14-day clock.