HIPAA Special Enrollment

[Guest clh]

The situation that I have involves an employer that provides medical benefits to its retirees and their dependents. When this individual retired, he elected coverage for himself, but his spouse declined coverage because she was covered under her own employer's plan. Her employer went out of business, and now she wants to enroll under the husband's employer's plan. Is she eligible to do this under the special enrollment rules found in ERISA Section 701(f)? These rules apply to "employees" and dependents of employees. ERISA defines employee as an individual who is employed by an employer. This retiree is not an employee nor is his spouse a dependent of an employee.

[papogi]

As I understand it, a plan that covers fewer than 2 current employees is considered a retiree pan and generally not subject to HIPAA. Everyone, correct me if I'm over simplifying things...

[Guest dsilver]

The situation that I have involves an employer that provides medical benefits to its retirees and their dependents. When this individual retired, he elected coverage for himself, but his spouse declined coverage because she was covered under her own employer's plan. Her employer went out of business, and now she wants to enroll under the husband's employer's plan. Is she eligible to do this under the special enrollment rules found in ERISA Section 701(f)? These rules apply to "employees" and dependents of employees. ERISA defines employee as an individual who is employed by an employer. This retiree is not an employee nor is his spouse a dependent of an employee.

I think there are different rules for retiree only plans.