I have a question about Medicare as secondary-payer exception for a group health plan of an employer with at least 20 employees. If there are 6 non-union and 50 union employees and the plan is for the non-union employees, and they have a non-union employee turning 65, would Medicare be the primary or secondary payer for that employee?

Thanks for any help.

If that individual is still working, my understanding is that the Working Aged rules preclude Medicare from being primary.