Authority: IC 27-1-3-7

Affected: IC 27-8-5-19

Sec. 15. The benefits of a plan that covers a person as:

1. (1) an active employee, meaning an employee who is neither laid off nor retired; or
2. (2) that employee's dependent;

is the primary plan. The plan covering that same person as a retired or laid off employee or as a dependent of a retired or laid off employee is the secondary plan. If the other plan does not have this provision, and if, as a result, the plans do not agree on the order of benefits, this section is ignored. This section does not apply if section 12(d) of this rule can determine the order of benefits.

(Department of Insurance; 760 IAC 1-38.1-15; filed Feb 14, 1990, 3:30 p.m.: 13 IR 1173; readopted filed Sep 14, 2001, 12:22 p.m.: 25 IR 531; filed Sep 15, 2006, 2:02 p.m.: 20061011-IR-760050265FRA; readopted filed Nov 21, 2012, 4:15 p.m.: 20121219-IR-760120454RFA; readopted filed Nov 13, 2018, 10:02 a.m.: 20181212-IR-760180372RFA; readopted filed Oct 31, 2024, 3:52 p.m.: 20241127-IR-760230814RFA)