boyfriend has employee covered under his plan

[alexa]

Employee has signed up at open enrollment for dental & vision palns single coverage

She sends me an email that she didn't realize her boyfriend had her covered under his plans

Can she stop coverage under our plans?

If so, what kind of documentation is required?

Must it be a legal spouses' plan that one is covered under?

[papogi]

I'd be very surprised if the boyfriend truly has this girlfriend covered under his plan (the plan might think they are married, when they aren't), although it is technically possible. She can't drop her individual coverage without a status change or open enrollment, and realizing you have coverage elsewhere is not a status change.

[david rigby]

Something about a cow and not buying the milk?

[alexa]

We cover unmarried domestic partners under our self -insured medical plans

[alexa]

Maybe her boyfriend's open enrollment period may have been after ours and maybe he found out his employer's plan now covers the girlfirend;i.e. opposite sex domestic partners? At the time of our open enrollment she may not have been aware of the allowable coverage under the boyfriend's plan? As long as she meets the 30 day deadline couldn't this be considered a status change (appropriate documentation provided of course)due to open enrollment of boyfriend? Or must it be a legal spouse for the family status change?

If legal marriage not rquired, what documentation would you require? Proof of coverage under boyfriend's plan? Anyhting else?

[papogi]

I know that some plans do cover opposite sex domestic partners, and if a domestic partner is considered a dependent under tax code (dependent defined as person who resides in the employee’s household and who receives at least 50% of support from employee), then those domestic partner benefits should be non-taxable.

In any event, your employee can certainly drop her single coverage if she has a status change. The course of events you described in your later post would constitute a status change. Treas Reg 1.125-4 (f)(4)(ii) only says that an employee can make a prospective change to their election if their coverage changes under another employer’s plan and the plan years differ. Your description would fit into that, as I read it.

[alexa]

must the coverage be under a legal spouse's plan for the change in open enrollment

[papogi]

No. Again, Treas Reg 1.125-4 (f)(4)(ii) only says that an employee can make a prospective change to their election if their coverage changes under another employer’s plan and the plan years differ. It says nothing about how they have that coverage with the other employer in the first place (whether it's through a boyfriend or a legal spouse).