Ins 3.40(11)(a)2.2. A Secondary Plan may take the benefits of another Plan into account only when, under the rules in par. (b), it is secondary to that other Plan. Ins 3.40(11)(b)(b) When there is a basis for a claim under This Plan and another Plan, This Plan determines its order of benefits using the first of the following rules which applies: Ins 3.40(11)(b)1.1. ‘No rule in another plan.’ If the other Plan does not have rules coordinating its benefits with those of This Plan, the benefits of the other Plan are determined first. Ins 3.40(11)(b)2.2. ‘Non-dependent or dependent.’ The benefits of the Plan that covers the person as an employee, member or subscriber are determined before those of the Plan that covers the person as a dependent of an employee, member or subscriber. Ins 3.40(11)(b)3.3. ‘Dependent child-parents not separated or divorced.’ Except as stated in subd. 3. c., when This Plan and another Plan cover the same child as a dependent of different persons, called “parents:” Ins 3.40(11)(b)3.a.a. The benefits of the Plan of the parent whose birthday falls earlier in a year are determined before those of the Plan of the parent whose birthday falls later in that year; but Ins 3.40(11)(b)3.b.b. If both parents have the same birthday, the benefits of the Plan which covered the parent longer are determined before those of the Plan which covered the other parent for a shorter period of time. Ins 3.40(11)(b)3.c.c. However, if the other Plan does not have the rule described in subd. 3. a., but instead has a rule based upon the gender of the parent, and if, as a result, the Plans do not agree on the order of benefits, the rule in the other Plan shall determine the order of benefits. Ins 3.40(11)(b)3.d.d. In this subdivision, the word “birthday” refers only to month and day in a calendar year, not the year in which the person was born. Ins 3.40(11)(b)4.4. ‘Dependent child-separated or divorced parents.’ If 2 or more Plans cover a person as a dependent child of divorced or separated parents, benefits for the child are determined in this order: Ins 3.40(11)(b)4.b.b. Then, the plan of the spouse of the parent with custody of the child; and Ins 3.40(11)(b)4.d.d. However, if the specific terms of a court decree state that one of the parents is responsible for the health care expenses of the child and the entity obligated to pay or provide the benefits of the Plan of that parent has actual knowledge of those terms, the benefits of the Plan of the responsible parent are determined first. This subparagraph does not apply with respect to any Claim Determination Period or plan year during which any benefits are actually paid or provided before the entity has that actual knowledge. Ins 3.40(11)(b)4.e.e. If the specific terms of a court decree state that the parents have joint custody of the child and do not specify that one parent has responsibility for the child’s health care expenses or if the court decree states that both parents shall be responsible for the health care needs of the child but gives physical custody of the child to one parent, and the entities obligated to pay or provide the benefits of the respective parents’ Plans have actual knowledge of those terms, benefits for the dependent child shall be determined according to subd. 3. Ins 3.40(11)(b)5.5. ‘Active or inactive employee.’ The benefits of a Plan which covers a person as an employee who is neither laid off or retired, or as that employee’s dependent, are determined before those of a Plan which covers that person as a laid off or retired employee, or as that employee’s dependent. If the other Plan does not have this rule and if, as a result, the Plans do not agree on the order of benefits, this rule is ignored. Ins 3.40(11)(b)5m.5m. ‘Continuation coverage.’ If a person has continuation coverage under federal law or s. 632.897 (3) (a), Stats., and is also covered under another Plan, the following shall determine the order of benefits: Ins 3.40(11)(b)5m.a.a. First, the benefits of a Plan covering the person as an employee, member or subscriber or as a dependent of an employee, member or subscriber. Ins 3.40(11)(b)5s.5s. If the other Plan does not have the rule described in subd. 5m. and if, as a result, the Plans do not agree on the order of benefits, this subdivision is ignored. Ins 3.40(11)(b)6.6. ‘Longer or shorter length of coverage.’ If none of the above rules determines the order of benefits, the benefits of the Plan which covered an employee, member or subscriber longer are determined before those of the Plan which covered that person for the shorter time. Ins 3.40(11)(b)6m.6m. To determine the length of time a person has been covered under a Plan, 2 Plans shall be treated as one if the claimant was eligible under the second within 24 hours after the first ended. Thus, the start of a new Plan does not include: Ins 3.40(11)(b)6m.b.b. A change in the entity which pays, provides or administers the Plan’s benefits; or Ins 3.40(11)(b)6m.c.c. A change from one type of Plan to another, such as, from a single employer plan to that of a multiple employer plan. Ins 3.40(11)(b)6s.6s. The claimant’s length of time covered under a Plan is measured from the claimant’s first date of coverage under that Plan. If that date is not readily available, the date the claimant first became a member of the group shall be used as the date from which to determine the length of time the claimant’s coverage under the present Plan has been in force. Ins 3.40(11)(c)(c) If a dependent is a Medicare beneficiary and if, under the Social Security Act of 1965 as amended, Medicare is secondary to the Plan covering the person as a dependent of an active employee, the federal Medicare regulations shall supersede this subsection. Ins 3.40(12)(a)(a) In accordance with order of benefit determination rules under sub. (11), when This Plan is a secondary Plan as to one or more other Plans, the benefits of This Plan may be reduced as provided in par. (b). The other Plan or Plans are referred to as “the other Plans” in par. (b).