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<br />(3) <br /> <br />in a Calendar Year. If either Plan does not have the provisions of <br />this paragraph regarding dependents, which results either in each Plan <br />determining its benefits before the other or in each Plan determining <br />its ben~Fits after the other¡ the provisions of this paragraph shall <br />not apply, and the rule set forth in the Plan which does not have the <br />provisions of this paragraph shall determine the order of benefits; <br />except that in the case of a person for whom claim is made as a <br />dep""-ndeY'~t ch i ld: <br /> <br />í ¿\ ) <br /> <br />WhE'.Y'i the pat-ents at'e sep:\r'ated >::.t' div()r'ced and the parent with <br />custody of the child has not remarried, the benefits af a Plan <br />which cover5 the chil~ as a dependent of the parent with custody <br />af the child will be determined before the benefits of a Plan <br />which c()Vet'S the child as a dependerlt of the parent with'Jllt <br />cl..lst'Jdy. <br /> <br />( b) <br /> <br />when the parents are divorced and the parent with the custody of <br />the chi ld has remar't'ied, the benefits of a Plan which cI::.vet'S that <br />child as a dependent of the parent with custody shall be <br />deter'mi Y'led befc,t'e the benefi ts IJf a Plan wh ich CIJvers that ch i ld <br />as a dependent of the step-parent, and the benefits of a Plan <br />which covers that child as a depe~de~t of the step-pare~t will be <br />deter'mined befot'e the berlefits IJf a Play, which C'Jvers that child <br />dS a dependent of the p¿rent without custody. <br /> <br />rci <br /> <br />notwithstanding subparagraphs (a) and (b) of this paragraph, when <br />the pat'erlts ar'e di vot"ced 'Jr sepat'ated arid there is a clJurt decr'ee <br />which would otherwise establish financial responsibility for the <br />medical, dental, I;)r IJther health care expenses with respect tQ <br />the child, the benefits of a Plan which covers the child as a <br />dependent of the parent with such fina~cial respo~sibility shall <br />be determined befot'e the benefits I:.f any either Plan which covers <br />the child as a dependent child. <br /> <br />When paragr~phs (1) and (2) do not establish an order of benefits <br />determination, the benefits of a Plan which has covered the person o~ <br />whose expenses claim is based for the l,::.nget' per'iod of time shall be <br />determined before the benefits of a Plan which has covered such person <br />the shorter period of time, except that: <br /> <br />( d) <br /> <br />the ben~fit~ or ð Plan covering the person on whose expenses <br />claim is based as a laid-off or retired employee or as the <br />depender-It I:,f such pet'sl::.n shall be determined after' the benefits <br />of any othe~ Plan covering such person as an employee other than <br />as a laid-off or retired employee or a dependent of such person. <br /> <br />(b) <br /> <br />if either Pla~ does not have a provision regarding laid-off or <br />retired employees, and, as a result, each Pla~ determines its <br />benefits after the other, then the provisions of subparagraph (a) <br />do not apply. . <br /> <br />Health Plan shall be entitled to: <br /> <br />( 1 ) <br /> <br />GM-12-11 <br /> <br />DeterMine whether and to what extent a Covered Person has indemnity or <br />other' cc>vet'."ye f.:¡t' the Health Set'vices pt'ovided ¡.\ridet' this Contt'act; <br />