Archaic  language – same-sex partners, should they be forced to marry to obtain health benefits⁉️

Following is language found in employer health benefit plans.  It is typical of what many employers (between 60%-77% of large employers) did before same-sex marriage was wide-spread or legal in many states. Of course all that has changed now. But there is an open question.

What about gay couples who are not “married?” Should they still be eligible for health benefits as dependents? If you say yes, why not opposite sex couples who live in a similar unmarried state, shouldn’t they be eligible dependents? Some experts believe continuing the practice of covering non-spouses may be illegal now. 

Should same-sex couples be forced to marry in order to continue health benefit coverage?

Nothing is easy, is it?

Eligible Dependents

Under the Retiree Medical Plan, you also may choose coverage for your eligible dependents, which include:

• Your spouse – the person of the opposite sex who is your husband or wife.

• Your eligible same-sex domestic partner/civil union partner. Your dependent qualifies as a domestic partner/civil union partner if:

 
⎯ You and your same-sex domestic partner/civil union partner live in Xxxxx and you have already registered and obtained a Certificate of Domestic Partnership from your local jurisdiction.
⎯ You and your same-sex domestic partner/civil union partner live outside Xxxx in a county where a Certificate of Domestic Partnership is available from your local jurisdiction and you have obtained the certificate.
⎯ You and your same-sex domestic partner/civil union partner live outside of Xxxx and do not have a Certificate of same sec Domestic Partnership/Civil Union available to you in your local jurisdiction, and you and your same-sex domestic partner/civil union partner meet all of the following criteria. You and your same-sex domestic partner/civil union partner:

Share a common residence together and intend to do so indefinitely;

– Are jointly responsible for each other’s common welfare as evidenced by joint financial arrangements or joint ownership of real estate or personal property;
– Are jointly responsible for each other’s basic living expenses during the same-sex domestic partnership/civil union partnership;
– Are each at least 18 years of age and are mentally competent to enter into a contract;

– Are not in a marriage (except for same-sex marriage with each other) or a member of another same-sex domestic partner/civil union partnership;

– Are not eligible to be claimed as a dependent of another person (other than your same-sex domestic partner/civil union partner) for Federal income tax purposes;

– Are not related to your same-sex domestic partner/civil union partner by blood or affinity up to and including the fourth degree on consanguinity (blood relation);

– Have chosen to share each other’s lives in a committed relationship of mutual caring; and

– Have not terminated another same-sex partnership within the last 180 days for any reason other than death of the other partner.

 
Employer may require you to provide documentation regarding your Affidavit of Domestic Partnership or the Certificate of Domestic Partnership from your local government. Intentionally providing false information may be considered grounds for other legal action.