Can surviving dependents of early retirees satisfy the regulatory definition of “early retiree”?
No. The statute, when discussing for whom a sponsor may receive reimbursement, specifies that reimbursement may be received for claims of early retirees, their spouses, surviving spouses and dependents. The statute, while allowing reimbursement for surviving spouses, does not specify that reimbursement is allowed for surviving dependents. ยง1102(c)(1)(B).
Related Questions
- Can an individual (or the individuals spouse, surviving spouse, or dependent) satisfy the regulatory definition of "early retiree" while receiving health benefits from a plan sponsor via COBRA?
- Can an individual satisfy the regulatory definition of being an "early retiree" with respect to a given plan sponsor, if the individual is employed by a different employer?
- Can spouses, surviving spouses, and dependents be early retirees regardless of their age and/or eligibility for coverage under Medicare?
