Can my employer drop my insurance when I turn 65 and start on Medicare?

UPDATED: Oct 1, 2022

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Can my employer drop my insurance when I turn 65 and start on Medicare?

This is a small business, a jewelry store with about eleven people working in it, including owners. They have said when we turn 65 and get on medicare they will no longer pay for our insurance coverage, expecting us to take the loss of coverage and pay for supplemental coverage ourselves. I expect to have to work well past the age of 65, and see this as a hard hit financially. Is this legal? Are

there any options?

Asked on January 30, 2018 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is perfectly legal. Remember: employers do not have to provide employees with health insurance, and there is no legal right to employer-provided health insurance. If employers do choose to provide health insurance, they may put limitations or restrictions on it, including the very common one that if employees can get health coverage some other way (e.g. from a spouse's company or, as here, through Medicare), the employee must use the other coverage and will not get health insurance from their employer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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