Common use of Non-Dependent or Dependent Clause in Contracts

Non-Dependent or Dependent. The Plan that covers the person other than as a dependent, for example as an employee, Subscriber or retiree is primary and the Plan that covers the person, as a dependent is secondary. However, if the person is a Medicare beneficiary and, as a result of federal law, Medicare is secondary to the Plan covering the person as a dependent; and primary to the Plan covering the person as other than a dependent (e.g. a retired employee); then the order of benefits between the 2 Plans is reversed so that the Plan covering the person as an employee, Subscriber or retiree is secondary and the other Plan is primary.

Non-Dependent or Dependent. The Plan that covers the person other than as a dependent, for example as an employee, Subscriber or retiree is primary and the Plan that covers the person, as a dependent is secondary. However, if the person is a Medicare beneficiary and, as a result of federal law, Medicare is secondary to the Plan covering the person as a dependent; and primary to the Plan covering the person as other than a dependent (e.g. e.g., a retired employee); then the order of benefits between the 2 Plans is reversed so that the Plan covering the person as an employee, Subscriber or retiree is secondary and the other Plan is primary.