Can adult children have different benefit terms than children under age 19 through our group health plan?
Yes, if the same terms apply to all other adults on the plan. While having different benefits for different covered employees, spouses and dependents based on age normally would not be permissible, holding adult children to the same benefit terms as employees (such as a higher co-payment than under age 19 children) is permitted because it creates equality among all adults on the plan. For more information see the most recent Department of Labor FAQs.