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Medicare Special Enrollment Period: Working Past 65 Without a Penalty

If you or your spouse are still working and covered by an employer plan, you may delay Part B and sign up later with no penalty.

Last reviewed October 30, 2026 · Figures from SSA.gov and CMS.gov

8 monthsTo sign up after coverage or work ends
20+Employees: employer plan usually pays first
NoCOBRA does not count
CMS-40BPart B application form

The 8-month rule

If you delay Part B because of group health coverage based on your (or your spouse's) current employment, you can sign up during a Special Enrollment Period (SEP). The SEP lasts while you have that coverage and for 8 months after the employment or the coverage ends, whichever comes first. No late penalty applies.

What counts and what does not

CoverageCounts for the SEP?
Group plan from your own current jobYes
Group plan from your spouse's current jobYes
COBRANo
Retiree coverageNo
ACA Marketplace planNo
Coverage from a job you have already leftNo

Employer size matters

If the employer has 20 or more employees, the employer plan generally pays first and Medicare second, so delaying Part B is common. If the employer has fewer than 20 employees, Medicare generally pays first, so skipping Part B can leave you with large unpaid bills. Ask your benefits office which applies to you.

How to sign up

  1. Complete the Part B application (Form CMS-40B).
  2. Have your employer complete Form CMS-L564 to confirm your coverage dates.
  3. Send both to Social Security (online, by phone at 1-800-772-1213, or at an office).

Other Special Enrollment Periods

Other life events can open a window to change or join a plan, such as moving out of your plan's service area, losing other coverage, or changes in Medicaid or Extra Help status. Part D has its own rule: going 63 days or more without creditable drug coverage can lead to a permanent late penalty.

Do not wait until coverage ends. Ask your employer for the CMS-L564 form early so you can enroll the month your employer coverage ends, avoiding a gap.

Related guides

Official sources