Many employers prepare an affidavit for domestic partnerships that sets out the eligibility requirements set out by the employer, but a January 2005 study by Business & Legal Reports found that the number of employers using affidavits for domestic partnerships is declining overall. Similarly, employees who have received state-recognized proof of a same-sex relationship should not have to bear the additional burden of completing a domestic partnership affidavit. The California Insurance Equality Act of 2004 (AB 2208) requires that health insurance plans in this state treat spouses and life partners equally – not only must employers who provide spousal benefits also have to provide partner benefits, but also prevent employers from requesting records for state-registered partners if they don`t also request documents for spouses of different genders. The declaration of benefits documents should contain language indicating the obligations of the employee in the event of the end of a domestic partnership, the conditions of which should be the same as those of the spouses in the event of divorce. Many employers require employees to notify the employer within 30 days of the end of the relationship, after which the domestic partner and eligible parents of the domestic partner can choose a continuous benefit payment equivalent to COBRA. Employers must recognize any legal evidence of the relationship and allow it to replace the company`s declaration of individual partnership, regardless of whether that relationship is recognized in the state where the employee currently resides or works. This allows employees to determine which form of recognition is best for them, as the laws and eligibility associated with different government agencies vary, and to assist employees in the event of a possible move. It also significantly reduces the burden on the employee and employer during audits and other situations where eligibility needs to be reviewed. When you define “families” for employment purposes, such as benefits, you include “partners” (and their children and/or other eligible dependents) as family members who are equal to spouses of different sexes. The definition of “partner” should also include cohabitation or registered national partnerships. In addition, the definition of “spouse” should not be limited to different-sex couples in order to ensure that same-sex spouses can fully participate in spousal benefits.
Employers should recognize completing an affidavit or obtaining state recognition of a same-sex relationship as an event eligible for benefits registration outside of the normal open registration period. Similarly, the dissolution of a relationship, including the termination of a domestic partnership, civil partnership or marriage, should be considered an eligible event. If an employer requires proof of eligibility from family members (p.B. in order to include an opposite-sex spouse in benefits, an employee must provide proof of the marriage certificate) and would also require proof of eligibility of same-sex partners if the employer allowed one of the following conditions: It is not recommended to allow only one of the above types of evidence – employees may not be able to to do so or may not be able to do so for legal reasons. want to obtain certain state-approved evidence of a same-sex relationship. For example, it would be unnecessarily restrictive to allow only a state marriage license in a state that does not offer marriage. As of June 2009, six states offered marriage to same-sex couples, and these marriages are not recognized in most states. Employers should strive to maintain the equality of the burden of proof required of eligible recipients of benefits for the purposes of production and verification.
In other words, documents should not be required of partners if they are not required of spouses. Employers who are particularly concerned about fraud should take a holistic view of documentation requirements. Affidavits generally require some form of proof that individuals: Employers must ensure that the partner`s children are insured as eligible parents as well as other eligible dependents if they are covered for opposite-sex spouses. * If an employer includes a cohabitation obligation, the HRC Foundation encourages employers to leave this requirement at six months. The 2005 Study by Hewitt Associates found that 52% of companies need a one-year period, while 44% need a six-month period. The Human Rights Campaign Foundation encourages employers to treat all beneficiaries equally when requesting documents to determine eligibility. For example, if an employer requires documents for partner benefits, they should also request documents for spousal benefits. Unmarried partners of employees are sometimes eligible for coverage under the status of “Other Eligible Adult”, “Legal Resident Adult” or “Plus-One”. .