medicare secondary-payer rules - less than 20 ee exeption

[Beemer]

I have a question about Medicare as secondary-payer exception for a group health plan of an employer with at least 20 employees. If there are 6 non-union and 50 union employees and the plan is for the non-union employees, and they have a non-union employee turning 65, would Medicare be the primary or secondary payer for that employee?

Thanks for any help.

[Kirk Maldonado]

If that individual is still working, my understanding is that the Working Aged rules preclude Medicare from being primary.