ERISA: adding a dependent

[Guest Girlie]

Hi! My employer sent me the following letter with regard to health benefits for my spouse:

"In order to keep our health plans compliant under ERISA, the eligibility

for a participant to add a dependent is either at open enrollment (usually

around Nov/Dec of each year) or as a result of a change in family status in

which you have 30 days from the effective date of that change. In your

case unfortunately you missed out on adding your husband to your health

plan under both arrangements. We cannot make exceptions as it would make

our plan out of compliance under ERISA (federal law)." We were married last December 18. Is there any way I could still add my husband to my health benefits? -- Girlie

[KIP KRAUS]

Girlie;

Read your Medical Plan summary Plan Description(SPD) and/or your Section 125 SPD, if available. These documents should explain dependent eligibility and enrollment provisions. What you have said came from your employer is not uncommon. If the SPD clearly describes these policies, you may be out of luck.

I would also suggest, because of your recent marriage, that you review your beneficiary desinations on other employee benefits such as 401(k) and group life.

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