423.894—Construction.
Nothing in this part must be interpreted as prohibiting or restricting:
(a)
A Part D eligible individual who is covered under employment-based retiree health coverage, including a qualified retiree prescription drug plan, from enrolling in a Part D plan;
(b)
A sponsor or other person from paying all or any part of the monthly beneficiary premium (as defined in § 423.286) for a Part D plan on behalf of a retiree (or his or her spouse or dependents);
(c)
A sponsor from providing coverage to Part D eligible individuals under employment-based retiree health coverage that is—
(2)
Of higher actuarial value than the actuarial value of standard prescription drug coverage (as defined in § 423.104(d) ); or
(d)
Sponsors from providing for flexibility in the benefit design and pharmacy network for their qualified retiree prescription drug coverage, without regard to the requirements applicable to Part D plans under § 423.104, as long as the requirements under § 423.884 are met.