Jarrett

MEMORANDUM *

We review the plan administrator’s determinations for abuse of discretion. See Kearney v. Standard Ins. Co., 175 F.3d 1084, 1089-90 (9th Cir.1999) (en banc). It was not unreasonable for the plan administrator to adopt the definition of “waiting period” from the current Department of Labor regulations under the Health Insurance Portability and Accountability Act of 1996, 29 C.F.R. 2590.701-2. Furthermore, it was not unreasonable for the plan administrator to use the applicable regulatory definition of the term “late enrollee,” 29 C.F.R. 2590.701-3, to inform her interpretation of the term as it was used within the regulatory definition of “waiting period.”

While it is unclear what the “earliest date” on which coverage could become effective under the terms of the Plan was, it is clear that Jarrett did not enroll until late November, and thus was outside the initial enrollment period under any definition. Therefore, it was not unreasonable for the plan administrator to determine that Jarrett’s enrollment date was his first day of coverage.

Because there is a reasonable basis in the record to support the plan administrator’s determination that Jarrett received medical…