by Casey » Tue Jun 28, 2011 5:38 pm
I'm not a lawyer, so this is an uneducated guess.
Since it's (state) mini COBRA we are talking and not federal law, I believe it would fall under the residence. New York is more generous anyway, and if you apply the least generous, there could be issues, esp. if you base it on a state the employee does not even reside, could be problems.
Check with the admin or plan rules to make sure.