Texas Register, Volume 36, Number 31, Pages 4863-5046, August 5, 2011 Page: 4,998
4863-5046 p. ; 28 cm.View a full description of this periodical.
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DURATION OF WITHHOLDING
The child(ren) shall be treated as dependents under the terms of the plan. Coverage of a child as a dependent
will end when conditions for eligibility for coverage under terms of the plan no longer apply. However, the
continuation coverage provisions of ERISA may entitle the child to continuation coverage under the plan. The
employer must continue to withhold employee contributions and may not disenroll (or eliminate coverage for) the
child(ren) unless:
1. The employer is provided satisfactory written evidence that:
a. The court or administrative child support order referred to in this Notice is no longer in
effect; or
b. The child(ren) is or will be enrolled in comparable coverage which will take effect no
later than the effective date of disenrollment from the plan; or
2. The employer eliminates family health coverage for all of Its employees.
POSSIBLE SANCTIONS
An employer may be subject to sanctions or penalties imposed under State law and/or ERISA for discharging an
employee from employment, refusing to employ, or taking disciplinary action against any employee because of
medical child support withholding, or for failing to withhold income, or transmit such withheld amounts to the
applicable plan(s) as the Notice directs. Sanctions or penalties may be imposed under State law against an
employer for failure to respond and/or for non-compliance with this Notice.
NOTICE OF TERMINATION OF EMPLOYMENT
In any case in which the above employee's employment terminates, the employer must promptly notify the
Issuing Agency listed above of such termination. This requirement may be satisfied by sending to the Issuing
Agency a copy of Part A with response 4 checked or any notice the employer is required to provide under the
continuation coverage provisions of ERISA or the Health Insurance Portability and Accountability Act.
EMPLOYEE LIABILITY FOR CONTRIBUTION TO PLAN
The employee is liable for any employee contributions that are required under the plan(s) for enrollment of the
child(ren) and is subject to appropriate enforcement. The employee may contest the withholding under this
Notice based on a mistake of fact (such as the identity of the obligor). Should an employee contest the
withholding under this Notice, the employer must proceed to comply with the employer responsibilities in this
Notice until notified by the Issuing Agency to discontinue withholding. To contest the withholding under this
Notice, the employee should contact the issuing Agency at the address and telephone number listed on the
Notice. With respect to plans subject to ERISA, it is the view of the Department of Labor that Federal Courts
have jurisdiction if the employee challenges a determination that the Notice constitutes a Qualified Medical Child
Support Order.
CONTACT FOR QUESTIONS
If you have any questions regarding this Notice, you may contact the Issuing Agency at the address and
telephone number listed on page 1 of this Notice.
Page 5 of 536 TexReg 4998 August 5, 2011
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Texas. Secretary of State. Texas Register, Volume 36, Number 31, Pages 4863-5046, August 5, 2011, periodical, August 5, 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181367/m1/97/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.