Policy/Memo 111

Number: Policy Memo 111
Date Issued: December 27, 2000
Policy File Ref: A330
Subject: Dependent Eligibility

ISSUE:

Determine if State agencies must accept Qualified Medical Child Support Orders (QMCSO) issued pursuant to ERISA.

Background:

We occasionally receive QMCSOs based upon the ERISA statutes which mandate that employers add children to the health insurance of covered parents. ERISA, however, does not apply to governmental plans. Counsel was asked if NYSHIP should obey such orders since ERISA does not apply to NYSHIP.

Policy:

Comply with ERISA QMCSOs issued by New York State judges. (See PM-101 for guidance on complying with New York State orders.) Other states may have similar laws, so all new QMCSOs from other states will be reviewed. If staff receives a QMCSO from another state, forward the QMCSO to the Policy Unit which will ask for the opinion of Counsel. If other states are qualified to be covered by this policy, this policy will be revised to include them. Once a state has been listed in this policy, it will not be necessary to forward the QMCSO to the Policy Unit for review unless there are other compliance issues.

States from which EBD will accept ERISA QMCSOs

New York