Common use of Dependent Child or Separated or Divorced Clause in Contracts

Dependent Child or Separated or Divorced. If two or more Plans cover the same child as a dependent of divorced or separated parents the following rules apply unless a qualified medical child support order ("QMCSO"), as defined in ERISA, specifies otherwise: a. the Plan of the parent with custody of the Child is Primary; b. the Plan of the spouse of the parent with custody of the child is the next Plan to be Primary; and c. the Plan of the parent without custody of the child is the last Plan to be Primary. If a QMCSO states that a parent is responsible for the health care expense of a child, that parent's Plan is Primary as long as the administrator of the Plan has actual knowledge of the QMCSO. The plan of the other parent is the Secondary Plan. Until the plan administrator has actual knowledge of the QMCSO, then the rules stated in (a), (b), and (c) above apply for any Claim Determination Period or Plan Year during which benefits are paid or provided.