Retired Employees under age 65 and Medicare

[Guest Cgross]

We offer a retiree plan (self-funded) to our employees who meet certain criteria and retire. If the retiree is eligible for Medicare, we would like to make Medicare the primary payor, and let the retiree plan pay as a med-supp plan.

Our active employee group plan does have over 100 lives.

I am familiar with the COB rules as they relate to disabled employees under age 65 and Medicare, but is it permissible to have Medicare as primary if it is a retiree plan and the retiree is disabled? We would of course amend the plan document to clearly state that the retiree plan is secondary to Medicare, if available.

Thanks for your input.