QMCSO and enrollment forms

[Guest Brenda N.]

I'm sure this is a basic question, but I'm not fairly familiar with QMCSOs. Does the law require a plan to add a child regardless if the employee completes an enrollment form?

[Guest b2kates]

1. Check the QMSCO, a court may require the plan to add the child; whether on not the noncustodial parent enrolls. Further, a plan may be required to add the noncustodial parent in order to provide coverage for the child.

It is the obligation of the Plan Administrator to notify the participant and alternate recipients upon receipt of the QMSCO.

[Guest Brenda N.]

What I am trying to clarify is if enrollment must be automatic? Does the employee have to complete an enrollment form to add the child? The situation we have is that the employee refuses to complete such a form because he/she does not want the child on the plan. I get the impression that there is no choice in this. The child must be added to the member's plan - failure to complete an enrollment form is not a reason to prevent enrollment.

[Guest b2kates]

It is my understanding that the Plan does not have a choice if it is a valid QMCSO.

Plan and Participant risk court sanctions for not complying.

We have had Plans facing this issue in the past, result was participant lost choice of health care plan and child was added to the plan coverage.

Remember, QMSCOs were designed and authorized to avoid the deadbeat noncustodial parent situation.

[Guest Brenda N.]

Thank you.

[Sandra Pearce]

We simply complete the enrollment form in the HR department and attach the court order. If the employee wants to sign it fine. If not fine.

[mbozek]

QMCSOs are authorized under Section 609(a) of ERISA to enforce the rights of dependent children of the employee to be covered under an employer's health plan pursant to a DRO or order issued pursuant to valid state administrative process. The QMCSO reduces state welfare agency cost of health care for dependents. There is no employee consent. Generally, a QMCSO cannot require that the plan provide any benefit not otherwise provided by the plan e.g., add dependents if dependents are not otherwise eligible. The cost of the dependent coverage is charged to the employee as a wage garnishment. Some states, e.g., NY, have passed legislation holding the employer and group health plan personlly liable for dependent medical expenses if the dependents are not enrolled under the QMCSO.

[KJohnson]

If participant refused to change election under 125 Plan, would you then assume that any payments toward coverage as orderded by the QMSCO are post-tax?