Guest mander Posted February 18, 2010 Share Posted February 18, 2010 I have an employee who currently has medical coverage for himself and his spouse. The premiums are paid through a Section 125 plan. He is also covered through the Veterans administration and now wants to drop his medical coverage because he considers this to be a qualifying event. I do think it is a qualifying event for 2 reasons: 1. He has been eligible for this coverage for a number of years and is now enrolling. 2. A qualifying event has to be beyond their control such as a spouse loosing employment, divorce, etc. This event is not beyond his control. Should this be considered a qualifying event under Section 125? Link to comment Share on other sites More sharing options...
J Simmons Posted February 19, 2010 Share Posted February 19, 2010 No, it should not be considered a qualifying event that permits a mid year change in elected benefits. He had the same options during the open enrollment period for the year as he has now. All that is different is that he has changed his mind. He needs to wait until the next year begins to drop the coverage under your plan. John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation. Link to comment Share on other sites More sharing options...
oriecat Posted February 19, 2010 Share Posted February 19, 2010 changeofstatus.com says you can drop coverage when "Employee Becomes Entitled to Medicare, Medicaid, or Other Federal/State Agency Benefits" but I'm not sure where they are getting the other part, as the actual reg seems to only mentioned Medicare and Medicaid. Link to comment Share on other sites More sharing options...
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