What Else Do I Need to Know? Property of Bind Benefits, Inc., d/b/a Surest. All rights reserved © 2026. 80 b) For a dependent child whose parents are divorced or separated or are not living together, whether or not they have ever been married: (1) If a court decree states that one of the parents is responsible for the dependent child's health care expenses or health care coverage and the Plan of that parent has actual knowledge of those terms, that Plan is primary. If the parent with responsibility has no health care coverage for the dependent child's health care expenses, but that parent's spouse does, that parent's spouse's Plan is the Primary Plan. This shall not apply with respect to any Plan Year during which benefits are paid or provided before the entity has actual knowledge of the court decree provision. (2) If a court decree states that both parents are responsible for the dependent child's health care expenses or health care coverage, the provisions of subparagraph a) above shall determine the order of benefits. (3) If a court decree states that the parents have joint custody without specifying that one parent has responsibility for the health care expenses or health care coverage of the dependent child, the provisions of subparagraph a) above shall determine the order of benefits. (4) If there is no court decree allocating responsibility for the child's health care expenses or health care coverage, the order of benefits for the child are as follows: (a) The Plan covering the custodial parent. (b) The Plan covering the custodial parent's spouse. (c) The Plan covering the non-custodial parent. (d) The Plan covering the non-custodial parent's spouse. c) For a dependent child covered under more than one Plan of individuals who are not the parents of the child, the order of benefits shall be determined, as applicable, under subparagraph a) or b) above as if those individuals were parents of the child. d) (i) For a dependent child who has coverage under either or both parents’ Plans and also has their own coverage as a dependent under a spouse’s Plan, the rule in paragraph (5) applies. (ii) In the event the dependent child’s coverage under the spouse’s Plan began on the same date as the dependent child’s coverage under either or both parents’ Plans, the order of benefits shall be determined by applying the birthday rule in subparagraph (a) to the dependent child’s parent(s) and the dependent’s spouse. 3. Active Employee or Retired or Laid-off Employee. The Plan that covers a person as an active employee (i.e., an employee who is neither laid off nor retired), is the Primary Plan. The same would hold true if a person is a