Is this a family status change under Section 125?

[Mary C]

All of our health care options are geographic based HMO coverages. We have an employee who shares custody of her children with her spouse who lives out of state and out of her service area. She has elected to pay for the cost of her health care coverage on a pre-tax basis under the 125 flex plan. She would like to add the children to her health care coverage when they are with her and take them off when they are with her spouse. We are trying to determine where or even if this fits in the new 125 regs. Can anyone help or offer an opinion?

[Guest Paul]

Yes. I believe a change in residence is an event under the new regs that allow you to change election.