I know of no 90 day coverage period in the regulations. Have you checked your State law? How long the employee may remain covered under COBRA depends on when you becomes
entitled to Medicare. Some guidelines:
1. If the employee's Medicare entitlement occurs prior to the qualifying event, he is eligible to receive 18 months of coverage under COBRA, measured from the COBRA start date, while his covered dependents are eligible for a maximum of 36 months, measured from the Medicare entitlement date.
2. If entitlement occurs on the COBRA qualifying event date, both the employee and the covered dependents are eligible for 18 months of COBRA coverage.
3. If entitlement occurs after the qualifying event, and on or before the COBRA election date, the employee and the covered dependents are eligible for 18 months of coverage.
4. If entitlement occurs after the election date, the employee's coverage may be terminated, provided the plan eligibility rules specify that coverage may be terminated early due to Medicare entitlement. In most cases, dependent coverage will not be extended.