Question
On December 18, 2001 my husbands employer annoced that as of Jan. 1, 2002 any spouse who is elligible for insurance at their place of employment is no longer eligible through their plan. My place of employment says that because I did not enroll during my first 30 days of employment and since their reason is not one of my 7 qualifing reasons, I am not eligible their either.
My first question is, Can an Employer stop offerring certain benifits to some employees and not others. For example: The guy that works beside my husband, has the same job as my husband and has worked there 3 years less than my husband, his wife has no job so they will cover her insurance, but because I wourk they will not cover me. Is this right?
Second question, Is it legal for them to just drop me off of insurance?
Someone please help!!!!!!
Answer
This is not only legal, it is getting to be quite common due to the high cost of insurance. Many companies are opting out of covering spouses when coverage is available to them through their own employment. Your husband's employer is doing nothing illegal.
Your own employer, however, might be. Is the insurance with your employer under a Section 125 plan? If you don't know what I mean by that, tell me whether the employee's portion of the premium is deducted pre-tax or post-tax. That will tell me what I need to know.