I (Defendant) retired in 2008 from the state of R.I. I was married at the time. In 2011 my wife (Plaintiff) filed for divorce. I continued on her healthcare policy until I turned 59 years of age. At age 59 I was eligible to get my own health care policy (two years ago). She continued to work for the state. We’ve been divorced for almost 4 years . She is retiring and won’t be eligible for healthcare with her Employer until Sept 2016, when she turns age 59. She claims that she is eligible to be covered under my health care policy.
Our 04/2012 divorce papers stated” That if the Defendant has medical coverage, and the plaintiff, for whatever reason, lose her medical coverage, then she will be allowed to be on the Defendants medical plan,if she is eligible, and pay the Defendant the monthly cost for her share, in the first week of each and every month, of that particular month in which it it is incurred. ”
Can she do this legally? Is she eligible?
I checked with ersri employee benefits they say that she is not eligible according to RI law 36-12-2.5
If it turn out that she is eligible, can provisions be made that her share of the payments be paid directly to the state of R.I. by her? Thank You, Tom Farley