B) If within 40 business days of the date of this Notice, or sooner if reasonable, you determine that this Notice does not constitute a QMCSO, you must complete Response 5 of Part B--Plan Administrator Response and send it to the Issuing Agency, and inform the noncustodial parent/participant, custodial parent, and child(ren) of the specific reasons for your determination.
A child covered by a QMCSO, or the child's custodial parent, legal guardian, or the provider of services to the child, or a State agency to the extent assigned the child's rights, may file claims and the plan shall make payment for covered benefits or reimbursement directly to such party.
ERISA requires plan administrators, upon receipt of the notice from the employer, to accept an appropriately completed notice that also complies with the requirements of ERISA Section 609(a) as a QMCSO.
Part A, the employer withholding notice, advises employers of an identified employee's obligation to provide medical coverage for a child (or children) to whom the QMCSO applies.
The employer response also contains general instructions that identify the various types of health coverage that may be required by the QMCSO, and a warning that penalties may apply if the employer fails to withhold pursuant to the NMSN.