South Dakota Codified Laws 58-18A-72. Coverage under COBRA or right of continuation
If a person whose coverage is provided pursuant to COBRA or under a right of continuation pursuant to state or other federal law is covered under another plan, the plan covering the person as an employee, member, subscriber, or retiree or covering the person as a dependent of an employee, member, subscriber, or retiree is the primary plan and the plan covering that same person pursuant to COBRA or under a right of continuation pursuant to state or other federal law is the secondary plan.
If the other plan does not have these provisions, and if, as a result, the plans do not agree on the order of benefits, these provisions do not apply.
Terms Used In South Dakota Codified Laws 58-18A-72
- Dependent: A person dependent for support upon another.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- State: when used in context signifying a jurisdiction other than the State of South Dakota, a state, the District of Columbia, a territory, commonwealth, or possession of the United States of America, or a province of the Dominion of Canada. See South Dakota Codified Laws 58-1-2
This section does not apply if the provisions in § 58-18A-69 determine the order of benefits.
Source: SL 2006, ch 259, § 20.