Section 125

Sue2

Under Section 125 a legal separation qualifies as a circumstances that allows an employee to make insurance changes. I have an employee who is living in a different residence from his wife and he has a Department of Social Services Child Support Enforcement Division form showing that he is to be responsible for child support. I do not have a court order (yet) for child support and the employee does not have a legal separation agreement. I will wait for the court oder to withhold child support, however, in the absence of a "legal separation" agreement should the employee be allowed to drop his wife from his insurance coverage? Thanks!

marc

I would say do not drop her. Make him prove the qualifying event.

MaryHR

I agree with Marc. Don't drop her until you have a legal separation agreement.

E Wart

i agree. One way or another employee should be able to prove any event that happens. Otherwise could jepordize the entire Plan. (When an employee wants to add someon, I even call prior carrier to make sure employee's dependent looses coverage if they don't have a COBRA or HIPAA form yet.)
E Wart

Sue2

Thanks! You all have confirmed my feelings.