Noblesville Schools Medical Plan 85 Section 7: Coordination of Benefits C. Each Plan determines its order of benefits using the first of the following rules that apply: 1. Non-Dependent or Dependent. The Plan that covers the person other than as a dependent, for example as an employee, former employee under COBRA, policyholder, subscriber or retiree is the Primary Plan and the Plan that covers the person as a dependent is the Secondary Plan. 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 two Plans is reversed so that the Plan covering the person as an employee, policyholder, subscriber or retiree is the Secondary Plan and the other Plan is the Primary Plan. 2. Dependent Child Covered Under More Than One Coverage Plan. Unless there is a court decree stating otherwise, plans covering a dependent child shall determine the order of benefits as follows: a) For a dependent child whose parents are married or are living together, whether or not they have ever been married: (1) The Plan of the parent whose birthday falls earlier in the calendar year is the Primary Plan; or (2) If both parents have the same birthday, the Plan that covered the parent longest is the Primary Plan. 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. For purpose of this section, Custodial Parent is the parent awarded custody by a court decree or, in the absence of a court decree, is the