Was not under such a provision and either the coverage was terminated as a result of loss of eligibility for the coverage, including as a result of legal separation, divorce, death, termination of employment, or reduction in the number of hours of employment, or employer contributions toward the coverage were terminated; and
Under the terms of the plan, the employee requests enrollment not later than thirty (30) days after one (1) of the events described in subdivision (h)(2)(C).
For Dependents.
In general, the group health plan shall provide for a dependent special enrollment period described in subdivision (h)(3)(B) during which the person, or, if not otherwise enrolled, the individual, may be enrolled under the plan as a dependent of the individual, and in the case of the birth or adoption of a child, the spouse of the individual may be enrolled as a dependent of the individual if the spouse is otherwise eligible for coverage, if:
A group health plan makes coverage available with respect to a dependent of an individual;
The individual is a participant under the plan, or has met any waiting period applicable to becoming a participant under the plan and is eligible to be enrolled under the plan but for a failure to enroll during a previous enrollment period; and
A person becomes a dependent of the individual through marriage, birth, or adoption or placement for adoption.
Dependent Special Enrollment Period. A dependent special enrollment period under this subsection (h) shall be a period of not less than thirty (30) days and shall begin on the later of:
The date dependent coverage is made available; or
The date of the marriage, birth, or adoption or placement for adoption, as the case may be, described in subdivision (h)(3)(A)(iii).
No Waiting Period. If an individual seeks to enroll a dependent during the first thirty (30) days of a dependent special enrollment period, the coverage of the dependent shall become effective:
In the case of marriage, not later than the first day of the first month beginning after the date the completed request for enrollment is received;
In the case of a dependent's birth, as of the date of birth; or
In the case of a dependent's adoption or placement for adoption, the date of the adoption or placement for adoption.
Use of Affiliation Period by HMOs as an Alternative to Preexisting Condition Exclusion.