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Guest Ken Kurtz
Posted

Can an employee of a company of 20+ employees opt out of the plan for a private Medigap policy?

Thanks for your help

Ken

Posted

The hyper-technically correct answer to your question is "Yes." However, a brief summary of the pertinent law is that the employer cannot force a medicare-eligible employee out of the plan, and the employer cannot offer any financial incentive to opt out of the plan.

Posted

I should have said: ". . . cannot offer a medicare-eligible employee a financial incentive to opt out of the plan that is not offered to other employees." So, for example, if you have a Section 125 plan that offers employees $$ to waive health insurance, you could do that for a medicare-eligible employee too.

Posted

I am confused about your question. Any employee, at any company, regardless of the size can opt out any plan. Did you mean to ask a different quesion?

Posted

Hi, leevena,

I think it is the "for a private Medigap policy?" part of the question that raises a concern.

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

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