State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-136_13

§ 110‑136.13.  Employerresponsibilities.

(a)        For purposes ofthis section, G.S. 110‑136.11, 110‑136.12, and 110‑136.14,the term "employer" means employer as is defined at 29 U.S.C. §203(d) in the Fair Labor Standards Act.

(b)        Within 20 businessdays after the date of the National Medical Support Notice, the employer shalltransfer the Notice to the health insurer or health care plan administratorthat provides health benefit plan coverage for which the child is eligibleunless one of following applies:

(1)        The employer doesnot maintain or contribute to plans providing dependent or family healthinsurance.

(2)        The employee isamong a class of employees that are not eligible for family health benefit plancoverage under any group health plan maintained by the employer or to which theemployer contributes.

(3)        Health benefit plancoverage is not available because the employee is no longer employed by thisemployer.

(4)        State or federalwithholding limitations prevent the withholding from the obligor's income ofthe amount required to obtain insurance under the terms of the plan.

(c)        If the employer isnot required to transfer the Notice under subsection (b) of this section, thenthe employer shall, within the 20 business days after the date of the Notice,inform the agency in writing of the reason or reasons the Notice was nottransferred.

(d)        Upon receipt fromthe health insurer or health care plan administrator of the cost of dependentcoverage, the employer shall withhold this amount from the obligor's wages andtransfer this amount directly to the insurer or plan administrator.

(e)        In the event thehealth insurer or health care plan administrator informs the employer that theNotice is not a "qualified medical child support order" (QMCSO), theemployer shall notify the agency in writing.

(f)         In the event thehealth insurer or health care plan administrator informs the employer of awaiting period for enrollment, the employer shall inform the insurer oradministrator when the employee is eligible to be enrolled in the plan.

(g)        An employerobligated to provide health benefit plan coverage pursuant to this sectionshall inform the IV‑D agency upon termination of the noncustodialparent's employment within 10 business days. The notice shall be in writing tothe agency and shall include the obligor's last known address and the name andaddress of the new employer, if known.

(h)        In the event theemployee contests the withholding order, the employer shall initiate andcontinue the withholding until the employer receives notice that the contestedcase is resolved.

(i)         An employer shallnot discharge from employment, refuse to employ, or otherwise take disciplinaryaction against any obligor solely because of the withholding.

(j)         If a court findsthat an employer has failed to comply with this section, the employer is liableas a payor pursuant to G.S. 110‑136.8(e). Additionally, an employer whoviolates this section is liable in a civil action for reasonable damages. (2001‑237, s. 10; 2004‑203,s. 9.)

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-136_13

§ 110‑136.13.  Employerresponsibilities.

(a)        For purposes ofthis section, G.S. 110‑136.11, 110‑136.12, and 110‑136.14,the term "employer" means employer as is defined at 29 U.S.C. §203(d) in the Fair Labor Standards Act.

(b)        Within 20 businessdays after the date of the National Medical Support Notice, the employer shalltransfer the Notice to the health insurer or health care plan administratorthat provides health benefit plan coverage for which the child is eligibleunless one of following applies:

(1)        The employer doesnot maintain or contribute to plans providing dependent or family healthinsurance.

(2)        The employee isamong a class of employees that are not eligible for family health benefit plancoverage under any group health plan maintained by the employer or to which theemployer contributes.

(3)        Health benefit plancoverage is not available because the employee is no longer employed by thisemployer.

(4)        State or federalwithholding limitations prevent the withholding from the obligor's income ofthe amount required to obtain insurance under the terms of the plan.

(c)        If the employer isnot required to transfer the Notice under subsection (b) of this section, thenthe employer shall, within the 20 business days after the date of the Notice,inform the agency in writing of the reason or reasons the Notice was nottransferred.

(d)        Upon receipt fromthe health insurer or health care plan administrator of the cost of dependentcoverage, the employer shall withhold this amount from the obligor's wages andtransfer this amount directly to the insurer or plan administrator.

(e)        In the event thehealth insurer or health care plan administrator informs the employer that theNotice is not a "qualified medical child support order" (QMCSO), theemployer shall notify the agency in writing.

(f)         In the event thehealth insurer or health care plan administrator informs the employer of awaiting period for enrollment, the employer shall inform the insurer oradministrator when the employee is eligible to be enrolled in the plan.

(g)        An employerobligated to provide health benefit plan coverage pursuant to this sectionshall inform the IV‑D agency upon termination of the noncustodialparent's employment within 10 business days. The notice shall be in writing tothe agency and shall include the obligor's last known address and the name andaddress of the new employer, if known.

(h)        In the event theemployee contests the withholding order, the employer shall initiate andcontinue the withholding until the employer receives notice that the contestedcase is resolved.

(i)         An employer shallnot discharge from employment, refuse to employ, or otherwise take disciplinaryaction against any obligor solely because of the withholding.

(j)         If a court findsthat an employer has failed to comply with this section, the employer is liableas a payor pursuant to G.S. 110‑136.8(e). Additionally, an employer whoviolates this section is liable in a civil action for reasonable damages. (2001‑237, s. 10; 2004‑203,s. 9.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-136_13

§ 110‑136.13.  Employerresponsibilities.

(a)        For purposes ofthis section, G.S. 110‑136.11, 110‑136.12, and 110‑136.14,the term "employer" means employer as is defined at 29 U.S.C. §203(d) in the Fair Labor Standards Act.

(b)        Within 20 businessdays after the date of the National Medical Support Notice, the employer shalltransfer the Notice to the health insurer or health care plan administratorthat provides health benefit plan coverage for which the child is eligibleunless one of following applies:

(1)        The employer doesnot maintain or contribute to plans providing dependent or family healthinsurance.

(2)        The employee isamong a class of employees that are not eligible for family health benefit plancoverage under any group health plan maintained by the employer or to which theemployer contributes.

(3)        Health benefit plancoverage is not available because the employee is no longer employed by thisemployer.

(4)        State or federalwithholding limitations prevent the withholding from the obligor's income ofthe amount required to obtain insurance under the terms of the plan.

(c)        If the employer isnot required to transfer the Notice under subsection (b) of this section, thenthe employer shall, within the 20 business days after the date of the Notice,inform the agency in writing of the reason or reasons the Notice was nottransferred.

(d)        Upon receipt fromthe health insurer or health care plan administrator of the cost of dependentcoverage, the employer shall withhold this amount from the obligor's wages andtransfer this amount directly to the insurer or plan administrator.

(e)        In the event thehealth insurer or health care plan administrator informs the employer that theNotice is not a "qualified medical child support order" (QMCSO), theemployer shall notify the agency in writing.

(f)         In the event thehealth insurer or health care plan administrator informs the employer of awaiting period for enrollment, the employer shall inform the insurer oradministrator when the employee is eligible to be enrolled in the plan.

(g)        An employerobligated to provide health benefit plan coverage pursuant to this sectionshall inform the IV‑D agency upon termination of the noncustodialparent's employment within 10 business days. The notice shall be in writing tothe agency and shall include the obligor's last known address and the name andaddress of the new employer, if known.

(h)        In the event theemployee contests the withholding order, the employer shall initiate andcontinue the withholding until the employer receives notice that the contestedcase is resolved.

(i)         An employer shallnot discharge from employment, refuse to employ, or otherwise take disciplinaryaction against any obligor solely because of the withholding.

(j)         If a court findsthat an employer has failed to comply with this section, the employer is liableas a payor pursuant to G.S. 110‑136.8(e). Additionally, an employer whoviolates this section is liable in a civil action for reasonable damages. (2001‑237, s. 10; 2004‑203,s. 9.)

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