Mr. Jones attained age 65 in November 2004. He refused SMI coverage because he was
covered under his partner’s group health plan (GHP). His partner, Mr. Smith, is working
and the GHP includes domestic partner within the definition of spouse.
In October 2011, Mr. Jones contacts an SSA FO about enrolling in SMI because his partner
is retiring January 1, 2012.
Since, we cannot recognize a domestic partner, age 65 or older, as a spouse, the SEP
provisions no longer apply. Because Mr. Jones’ IEP begins 08/2004, he can enroll in
SMI under the equitable relief provisions. He may enroll during any month in which
he has coverage under the GHP based on his partner’s current employment or during
the 8-month period that begins with the first full month after the GHP coverage based
on current employment ends.