South Dakota Codified Laws 58-18A-73. Plan covering person for longer period of time
If the preceding provisions in §§ 58-18A-69 to 58-18A-72, inclusive, do not determine the order of benefits, the plan that covered the person for the longer period of time is the primary plan and the plan that covered the person for the shorter period of time is the secondary plan.
To determine the length of time a person has been covered under a plan, two successive plans shall be treated as one if the covered person was eligible under the second plan within twenty-four hours after coverage under the first plan ended.
Terms Used In South Dakota Codified Laws 58-18A-73
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
The start of a new plan does not include:
(1) A change in the amount or scope of a plan’s benefits;
(2) A change in the entity that pays, provides, or administers the plan’s benefits; or
(3) A change from one type of plan to another, such as, from a single employer plan to a multiple employer plan.
The person’s length of time covered under a plan is measured from the person’s first date of coverage under that plan. If that date is not readily available for a group plan, the date the person first became a member of the group shall be used as the date from which to determine the length of time the person’s coverage under the present plan has been in force.
Source: SL 2006, ch 259, § 21.