Legal Question in Employment Law in Pennsylvania

Nonduplication....Health Benefits

I am a union employee. This question stems directly from my employee benefits book.

(1) A working spouse must enroll in the other employer's group plan (''other plan'') if the other plan is offered on a partial or non-contributory basis.

The word 'must' in this section is being taken quite literally. I have been told several times by my benefits manager that they are fully expecting my spouse to comply.

My Questions are-

-Can my employer force my spouse to enroll in her employers insurance plan.

-Can my employer fire me for my spouse's refusal to enroll in her employers insurance plan.

-Do I have any choice in this because it is a Union benefit and contractural by nature.

-Can a contract between two parties (my employer and myself) force a third party (my spouse) to do business with a fourth party (her employers insurance provider)?

I have seen other Nonduplication clauses or Coordination of Benefits clauses, but all that i have seen state that coverage would be denied to a spouse who could get coverage from their employer. This seems to go beyond that, with no statement that benefits would be denied, but that the spouse has to enroll.


Asked on 8/06/05, 12:54 am

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Nonduplication....Health Benefits

you're on top of the situation. your understanding of nonduplication of benefits is correct. this matter is greivable and you may wish to articulate a greivance for your business agent/shop steward/ intl rep.

good luck

TV

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Answered on 8/06/05, 10:03 pm


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