QMCSO

[Guest calcu]

We have received a QMCSO. It follows the model notice provided for in the regulations under ERISA 609. My only question is as of what date do we enroll the dependent child? Just with the next payroll? Or do we do it retroactive to the date of the notice (is that even permissible?) I have looked and even under the model in the regulations, there is no space to specify when coverage is to begin, so I assume coverage begins as of the earliest time we can enroll the dependent, is this correct? Any guidance/help will be greatly appreciated!!

Thank you

[Christine Roberts]

From the DOL online guide to QMCSOs:

Q1-23: When must a plan begin to provide coverage to an alternate recipient pursuant to a QMCSO?

It is the view of the Department that following a determination that an order is qualified, the alternate recipient (and the participant, if necessary) must be enrolled as of the earliest possible date following such determination. For example, if an insured plan only adds new participants or beneficiaries as of the first day of each month, such plan would be required to provide coverage to the alternate recipient as of the first day of the first month following the determination that the order is qualified. As described in Q’s 1-8 and 1-9, the state laws described in section 1908 of the Social Security Act require that when a child is enrolled in a plan pursuant to a court or administrative order, that enrollment be made without regard to open season restrictions.

[§ 1908 of the Social Security Act]