86 If your other plan does not have a Coordination of Benefits provision which coordinates Benefits, the Plan will always be the Primary Plan. Rule 2: Coverage as a Subscriber and as a Dependent If you are covered under one plan as a subscriber and under the other plan as a dependent, the plan which covers you as a subscriber will be Primary. Rule 3: Dependent Child Covered Under More Than One Plan If you are covered as a dependent under two plans, then the rules are as follows: • The coverage of the parents whose birthday is first in the year will be primary and the parent whose birthday is later in the year will be secondary. The word birthday refers only to the month and day in a calendar year; not the year in which the person was born. • If both parents have the same birthday, the benefits of the plan in effect longer will be primary; • If the other plan does not have this rule, instead has a rule based upon the parents’ gender; and if as a result, the plans do not agree on the order of benefits, then the rule in the other plan will determine the order of payment for the claimed benefits. Rule 4: For a Child of Separated or Divorced Parents • If the terms of a court decree specify which parent is responsible for the health care coverage and expenses of the child, and that parent’s plan has actual knowledge of the Court Order, then that parent’s plan shall be primary. • If no such court decree exists, or if the plan of the parent designated under such a court decree as responsible for the child’s health care coverage and expenses does not have actual knowledge of the court decree, benefits for the child are determined in the following order: • First, the plan of the parent with custody of the child; • Then, the plan of the Spouse of the parent with custody of the child; • Finally, the plan of the parent not having custody of the child. Rule 5: Coverage of Active Employee and/or Employee’s Dependent A plan which covers you as an active employee or the dependent is primary. A plan which covers you as a laid-off or retiree employee (or that employee’s dependent) is secondary. If the other plan does not have this rule and if, as a result, the plans do not agree on which plan is primary, this Rule 5 is ignored. Rule 6: Longer/Shorter Length of Coverage If none of the above rules determines the order of benefits, the plan that covered you longer is primary. The length of time a person is covered under a plan is measured from the date the person was first covered under that plan, and does not start over as the result of a change: • In the amount or scope of a plan’s benefits; • In the entity that pays, provides or administers the plan; or