The U.S. District Court for the Southern District of Florida recently held that an employer had satisfied its Consolidated Omnibus Budget Reconciliation Act (COBRA) election notice obligation, even though the employer’s former employee never received the notice. In this case, the employer sent the COBRA notice via certified mail to the former employee’s last known address. However, the former employee claimed to never have received the COBRA notice. The former employee’s claim is supported by a print-out from the U.S. Postal Service noting that the letter had been processed on August 27, 2011, and was unclaimed as of September 13, 2011. Under the COBRA and Department of Labor regulations, a plan administrator does not have to prove that a former employee actually receives a COBRA notice. Rather, the plan administrator must use a disclosure method that is “reasonably calculated to ensure actual receipt.” In granting summary judgment in favor of the employer, the court noted that there was no evidence of bad faith on the part of the employer and that, by sending the COBRA notice to the former employee’s last known address, the employer complied with its notice obligation. Burden v. City of Opa Locka (S.D. Fla., 2012)