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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118082
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is it legal to increase my medical insurance premium thru my

Customer Question

Is it legal to increase my medical insurance premium thru my union to double?
I am a retired union electrician. My wife divorced me in 2010. the divorce settlement drawn up by her lawyer contained no medical for her through me. she got the house, bank accts, etc and she agreed to everything. My union requested that if any member divorced, that the health and welfare be notified. The fund subsidizes the retirees. At the time I was paying approx. $600 a QUARTER...In 2010 when I called the health and welfare fund and told them that I was divorced (IT WAS NOTED IN THEIR RECORDS) and to take her off my medical plan. I asked if they were going to reduce my payment by $200 per QUARTER they said no it would remain the same even if my daughter was dropped off and I was the only one on the plan. Even though there would only be my daughter and myself I continued to make my payments of $600 per QUARTER. Unknown to me my ex-wife continued to use my medical insurance.
The fund claimed to have paid out $200 for my exwife per MONTH for the last 5+ years and they are going cancel my insurance if I don't pay them $13,000 by April 1 2016 or $200 extra per MONTH + interest. The fund was operated by a different group when I notified them by phone of the divorce back in 2010. This new group said that I was also suppose to send in a copy to the old fund of the dissolution of marriage papers PLUS notify them by phone. That, I was not aware of, and no notice was sent to me. The fund was assigned to New Handlers a couple of years ago.The new fund managers secretary stated that she had notes saying I had called and that the OLD fund had been notified by phone which is all I knew was expected of me. I feel the old fund dropped the ball by not doing a follow up and SEND me a notice asking for the divorce papers. I had no idea about sending in any paper work. The dollar amounts are approx. my last quarterly payment was actually $714.00 now (it has gone up over the years) they want to make it approx $1350 per quarter for the next 5+ years.
***** *****
65 years old disabled for 12+ years
fixed income. ***@******.***
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
While the union can increase your premium for coverage, but they cannot charge you for the payments they made if you properly notified them regarding removing your ex from your plan. If the insurer made the mistake, you need an employee benefits attorney and you would have to pursue the old company plus the new one for negligence in not properly removing your ex from your insurance as they were supposed to do.