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.
1 Answer from Attorneys
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