Still Working at 65?
Employer coverage changes every Medicare deadline you have read about. Here is what to delay, what not to delay, and the three clocks that start the day the job ends.
Still working at 65
Plenty of people on the Central Coast are still working at 65, and a good number are still working at 70. Employer coverage changes the Medicare timeline substantially, and most of the advice written for a general audience does not apply to you.
The rules here are unforgiving in one specific way: the penalties for getting the timing wrong are permanent, and they are triggered by dates rather than by intent. Nobody at Social Security will call to warn you. What follows is the sequence, in the order the decisions actually arrive.
Start with the size of the employer
This is the question that determines everything else, and it is about the employer providing the coverage, which may be your spouse's employer rather than yours.
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Twenty or more employees. The group health plan pays first and Medicare pays second. You can generally delay Part B for as long as that active employer coverage continues, and you will get a special enrollment period later with no late penalty.
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Fewer than twenty employees. Medicare generally pays first and the group plan pays second. Declining Part B in this situation can leave you very exposed, because the group plan may pay only what it would have paid after Medicare, and Medicare is not there. Confirm in writing with the plan administrator before you decline anything.
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Retiree coverage, a marketplace plan, TRICARE for Life, or VA care. None of these is active employer coverage, and the rules for each are different. Do not assume any of them protects your Part B timing.
Part A is a separate decision from Part B
Most people qualify for premium free Part A through their own or a spouse's work record. Because it costs nothing, taking it while you keep working is often the sensible default, and it can pick up hospital costs the group plan does not.
It is not automatic that this is right for everyone, though. There are situations in which enrolling in Part A while still covered by an employer plan has consequences you would want to know about first, and they depend on how your particular employer plan is built. We go through your plan documents with you rather than guess.
The three clocks that start when the job ends
This is where people are caught out, because the three windows are different lengths and they do not all start on the same day.
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Part B: eight months. Your special enrollment period runs eight months beginning the month after your employment ends or the month after the active group coverage ends, whichever comes first. Enroll within it and there is no Part B late enrollment penalty.
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Part D: two months. You get two months after your creditable prescription drug coverage ends to join a Part D plan without a late enrollment penalty. Two, not eight. This is the deadline most people blow past while they are still sorting out Part B.
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Medigap: 63 days. Losing employer group coverage gives you a guaranteed issue right to buy certain Medicare Supplement policies without medical underwriting, and that right lasts 63 days. Sixty three days goes quickly when you have just left a job.
Write the last day of coverage on a calendar the day you know it, and count forward three times.
COBRA does not count
This is the most expensive misunderstanding in this whole subject. COBRA is not active employer coverage for the purposes of the Part B special enrollment period. Your eight months runs from the end of the job or the end of the active group plan, not from the end of COBRA.
So a person who leaves work, elects COBRA for eighteen months, and then goes to sign up for Part B has usually let the eight month window close months earlier. The result is a wait until the General Enrollment Period, January 1 to March 31, with coverage starting the first of the month after enrolling, plus a Part B late enrollment penalty added to the premium for as long as they hold Part B.
COBRA is also not automatically creditable coverage for Part D. Sometimes it is and sometimes it is not, and the plan is required to tell you in writing. Read that notice before you rely on it.
Creditable coverage, and what the drug penalty really is
Creditable coverage means prescription drug coverage that is expected to pay, on average, at least as much as standard Medicare Part D. Employer plans are required to send you an annual notice saying whether yours is creditable. Ask for it, keep it, and keep the envelope it came in.
The Part D late enrollment penalty applies only after you have gone 63 or more days in a row without creditable drug coverage once you were eligible. Under 63 days and nothing happens. The penalty amount is calculated from the national base beneficiary premium, not from the price of the plan you eventually join, which is why choosing a cheap drug plan later does not shrink it. It is added for as long as you have Part D coverage.
The autumn window is not your window
October 15 to December 7 is the Annual Enrollment Period, and it is for people already on Medicare who want to change a drug plan or an Advantage plan. It is not the window for someone leaving employer coverage in March.
Your rights come from special enrollment periods, which run on your dates rather than on the calendar. That is a good thing: it means you do not have to wait. It also means nobody sends you a reminder, because there is no shared deadline to remind you of.
Call before you give notice
The cleanest version of this is a conversation a month or two before you retire, when the dates are still moveable. We will look at the employer plan, confirm whether the drug coverage is creditable, count the eight months, the two months and the 63 days from your actual last day, and tell you what has to be filed and when.
If you have already retired and are worried you have missed something, call anyway. Special enrollment periods and equitable relief have rescued more situations than people expect, and the sooner we look at it the more options there are.
Or call us on (805) 966-4900. There is never a charge for our help.
Retiring Soon?
Bring us your last day of work and your group plan documents and we will count every deadline from your actual dates. There is never a charge for our services.