QMCSO & Retroactive Election Change

[PhilB]

This has probably been covered before but I couldn't find it.

Our benefit plan has a 30 day notification requirement for status changes.

Our plan operates on a calendar year basis.

Our employee has a support agreement (Dated 1/03) requiring her ex-spouse to cover their child and states that father must provide proof of this coverage, but he has not done so until now. She claims to have attempted to get proof for 9 months by email, letters, and even involved her attorney. She now has a copy of the insurance card that states the child was enrolled 1/15/03 under the father's plan.

Now she wants to drop coverage for her son retroactive to January (and get a refund of premiums paid). I can't find any discussion of time limits in the regs, probably since this is an optional provision left up to the plan administrator. Is it permissible to 1.) allow a retroactive change in these circumstances since she just received proof of this coverage after months of trying; OR 2.) allow a prospective change from the date she received proof of coverage; OR 3.) She's stuck until 2004?

Any opinions or citations appreciated!