Working Past 65 in California

Six critical Medicare decisions for Californians still working at 65 — and the rules that prevent permanent penalties.

Why Working Past 65 Is Especially Common in California

California has one of the highest rates of older workers in the country. With strong tech, healthcare, university, and government employment, many Californians stay employed well past 65. The Medicare rules for these workers are some of the most confusing in the entire program — and missteps can mean permanent penalties or coverage gaps.

This guide series covers the six most important decisions California workers face as they approach and pass 65 while still on employer health coverage.

The Foundational Rule

Whether you can delay Medicare without penalty depends primarily on the size of your employer:

Employer SizeMedicare StatusAction Needed
20+ employeesEmployer plan is primaryYou can safely delay Part B without penalty
Fewer than 20 employeesMedicare becomes primary at 65You must enroll in Part A and Part B at 65

The 6-Topic Working Past 65 Cluster

HSAs and Medicare — The 6-Month Lookback Rule

If you contribute to an HSA, enrolling in any part of Medicare (even just Part A) ends your eligibility to contribute. Worse: Part A is retroactive up to 6 months. Stop HSA contributions 6 months before Medicare enrollment.

Employer Plan Coordination — The 20-Employee Rule

The 20-employee threshold determines whether your employer plan or Medicare pays first. Plus: why COBRA does NOT count as creditable coverage for Medicare delay purposes.

Part B Special Enrollment Period — The 8-Month Window

Once you leave employer coverage, you have 8 months to enroll in Part B without penalty. Form CMS-L564 (Request for Employment Information) is your proof of creditable coverage.

Part D Creditable Drug Coverage — The 2-Month Window

For prescription drug coverage, your window after losing employer drug coverage is much shorter — only 63 days. Miss it and you pay a 1%/month permanent penalty.

Spouse on Employer Plan — How Coverage Works

If you’re 65 but covered under your working spouse’s employer plan, the same rules apply based on the spouse’s employer size. Special considerations for divorce and widowhood.

Retiring at 66, 67, 68, or 70 — Timing Strategies

Each retirement age presents different Medicare/Social Security coordination decisions. Why retiring mid-year creates the smoothest transition.

California-Specific Considerations

UC Retirement, CalPERS, and many California public agencies have specific rules about how their retiree health coverage coordinates with Medicare. Most require Part B enrollment to keep retiree benefits — even if you delayed Part B during active employment. Contact your benefits office well before retirement.

Can I delay Medicare if I'm still working in California?
Yes, if your employer has 20+ employees, you can delay Part B without penalty. Part A is free for most people, so you should still enroll in it. If your employer has fewer than 20 employees, Medicare becomes primary at 65 and you must enroll.
What's the penalty for delaying Medicare?
Part B late enrollment penalty is 10% of the standard premium for each 12-month period you could have had Part B but didn't. Part D penalty is 1% per month without creditable drug coverage. Both penalties are permanent.
Does COBRA count as creditable coverage?
COBRA does NOT qualify you for a Special Enrollment Period to delay Part B without penalty. If you go on COBRA after leaving a job and don't enroll in Part B within your initial enrollment period, you'll face the 10%/year penalty when you eventually enroll.

Need Help Coordinating Medicare with Your Employer Plan?

Licensed California Medicare agents understand the complexities of working past 65 — at no cost to you.

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