Compliance Q&A: Married Dependents, Union Rules, and the Rise of Cannabis Benefits

  • June 20, 2025
  • Posted by: Gus Altuzarra
  • Category: Compliance Q&A
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6.5.25 |  BENEFITS FOR DEPENDENT CHILD GETTING MARRIED

 

Q. When a dependent child under age 26 gets married, can they remain on their parents’ benefits until they turn age 26?

A. Yes, a dependent child can stay on a parent’s plan until age 26, even if the child is married. The age of the child’s spouse is irrelevant to whether the child can stay on their parent’ plan.

 

 

6.12.25 |  UNION EMPLOYEES INCLUDED IN COBRA COUNT

 

Q. An employer has both union and non-union employees. There are fewer than 20 non-union employees, but after adding union employees, the employee count is above 20. Would COBRA apply to the employer since the total employee count is above 20?

A. Yes, COBRA would apply to this employer. For COBRA purposes, you look at all employees, union and non-union.

 

 

6.19.25 |  CANNABIS BENEFIT

 

Q. If an employer group implements a cannabis benefit program, does it present any ERISA or other federal compliance issues?

A. ERISA-governed medical plans cannot offer cannabis, even in those states where it is legal recreationally or medically. Marijuana is still a Schedule 1 drug under federal law, which makes it illegal under federal law, even if a doctor prescribes it. Also, the FDA has not approved marijuana for medical use and prescriptions are not typically provided for non-FDA drugs.

 

Answers to the Question of the Week are provided by Kutak Rock LLP. Kutak Rock provides general compliance guidance through the UBA Compliance Help Desk, which does not constitute legal advice or create an attorney-client relationship. Please consult your legal advisor for specific legal advice.



Author: Gus Altuzarra
Gus is the CEO of Aston Sharp Insurance Services. In 2012, Gus founded Aston Sharp to start offering a larger scope of insurance products to his clients. With extensive history in life, disability, and long-term care planning, Gus acts as a full service insurance advisor. Gus initially started working with group employers offering assistance with the new changes mandated by the ACA (Affordable Care Act). The in-flow of new technology in recent years has created an opportunity to revolutionize an outdated industry. Gus now works to consolidate Employee Benefits, HR, Payroll, Work Comp, and ACA compliance all under one roof – delivering an easy-to-use technology driven solution to his clients.

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