Is going to retiree plan loss of coverage for special enrollment?

[Guest Brenda N.]

Our employee is on the spouse's employer plan. The spouse will retire soon and have an option of electing a retiree plan. Our employee will be eligible as a dependent on the retiree plan. Will our employee have lost coverage under a prior plan when her spouse retires and therefore be subject to HIPAA special enrollment under our employer plan? I'm not sure because she will still be eligible to be on the retiree plan offered by the spouse's employer.

[Guest kowen]

I'm shooting from the hip here, but I think your employee will have special enrollment rights because of losing coverage under the spouse's plan. It sounds like the spouse's retiree plan is a sparate plan for retirees, not a continuation of coverage for retirees under the same plan that covers actives.