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SDSURF › Human Resources › Benefits › Domestic Partners

Domestic Partners

Eligibility
Eligible Dependents of a Domestic Partner
2011 Employee Cost of Coverage for Domestic Partners
2012 Employee Cost of Coverage for Domestic Partners
Tax Consequences
Enrollment
Effective Date of Domestic Partner Enrollment
Mid-Year Changes
Financial Liability of an Employee or Retiree with a Domestic Partner
Termination of Domestic Partnership
Termination of Coverage for Enrolled Child(ren) of Domestic Partners
Questions?


Introduction

SDSU Research Foundation is pleased to provide benefits coverage for domestic partners of employees and retirees. This coverage will also be available to the eligible child(ren) of an employee’s domestic partner. The benefit plans available to a domestic partner and the partner’s eligible child(ren) include:

  • Health
  • Dental
  • Vision
  • Employee Assistance Program (EAP)
    (EAP coverage is not available to a domestic partner of a retiree)

The basic provisions of all plans can be found in each contract or certificate of insurance. In many situations a same-sex spouse will qualify for benefits under these provisions, but employees and retirees wishing to enroll a same-sex spouse should contact SDSU Research Foundation’s Human Resources Office at 619-594-4139 or through email at benefits@foundation.sdsu.edu to verify eligibility and benefits because the rights of a same-sex spouse may depend on the date and location of the marriage.


Eligibility

To qualify for benefits under a domestic partnership, the employee and domestic partner must be eligible under the terms of the applicable insurance coverage and the employee and domestic partner, or the retiree and domestic partner must have executed a domestic partnership agreement and/or registered as domestic partners in a jurisdiction which authorizes such agreements and/or registries, OR must meet all of the following criteria:

  1. They must be each other's sole domestic partner and intend to remain so indefinitely.
  2. Neither of them may be married or legally separated from anyone else, or in another domestic partnership with someone else that has not been terminated, dissolved or adjudged a nullity.
  3. They must be at least eighteen (18) years of age and mentally competent to consent to the declaration of domestic partnership.
  4. They may not be related by blood to a degree of closeness that would prohibit legal marriage in the state in which they legally reside.
  5. They must currently reside together in the same residence and intend to do so indefinitely
  6. They must be jointly responsible for basic living expenses incurred during the domestic partnership.
  7. They must affirm that at least THREE (3) of the following are true:
    • They have lived together continuously for the previous twelve (12) months;
    • The employee or retiree has named his or her domestic partner as a beneficiary under his or her will, or the domestic partner has named the employee or retiree as a beneficiary under his or her will;
    • The employee or retiree has granted his or her domestic partner powers under a durable power of attorney, or the domestic partner has granted the employee or retiree powers under a durable power of attorney;
    • The employee or retiree has previously named his or her domestic partner as a beneficiary on his or her life insurance policy, or the domestic partner has named the employee or retiree as a beneficiary on his or her life insurance policy;
    • They have a joint bank account;
    • They are cosigners of a lease or deed;
    • They are named on the same car insurance policy.

Eligible Dependents of a Domestic Partner

In addition to health, dental, vision and EAP coverage for a domestic partner, employees may also elect health, dental, vision and EAP coverage for the qualified child(ren) of a domestic partner. The dependent child(ren) of a domestic partner are eligible for coverage if they are:

  • Are under the age of 26

2011 Employee Cost of Coverage for Domestic Partners

Coverage Employee Monthly Cost for Kaiser Permanente or Health Net HMO Employee Monthly Cost for Health Net PPO Employee Monthly Cost for Dental
Employee Only (Single) $0 $120 $0
Employee & Domestic Partner (EE+1) $40 $314 $5
Employee & Domestic Partner's Child (EE+1) $40 $314 $5
Employee, DP & Employee's Child(ren) and/or DP's Child(ren) (Family) $65 $448 $10

2012 Employee Cost of Coverage for Domestic Partners

Coverage Employee Monthly Cost for Kaiser Permanente or Health Net HMO Employee Monthly Cost for Health Net PPO Employee Monthly Cost for Dental
Employee Only (Single) $0 $136 $0
Employee & Domestic Partner (EE+1) $40 $360 $5
Employee & Domestic Partner's Child (EE+1) $40 $360 $5
Employee, DP & Employee's Child(ren) and/or DP's Child(ren) (Family) $65 $510 $10

There is no additional monthly cost to the employee to enroll a domestic partner or a domestic partner’s child(ren) in a vision plan or the Employee Assistance Program.

Contributions for employee coverage and their child(ren) and a domestic partner’s and/or child(ren)’s coverage will be pre-tax and deducted from the employee’s paycheck.

The cost of coverage for a domestic partner of a retiree is determined by the vesting schedule associated with the retiree at the time they retired. SDSU Research Foundation’s Human Resources Office will calculate the amount due for retirees. Child(ren) of a retiree’s domestic partner are not eligible to be enrolled in the plan, and a domestic partner of a retiree is not eligible for the Employee Assistance Program (EAP).


Tax Consequences

The Internal Revenue Service (IRS) has determined that the actual cost of the domestic partner benefit is taxable income to the employee and retiree, unless the domestic partner qualifies under the dependency criteria of Internal Revenue Code § 152(a) as modified for purposes of Internal Revenue Code §§ 105 and 106. California State taxes are not due on the value of the benefit if the dependent qualifies under the federal rules or if the domestic partnership or marriage is registered with the California Secretary of State. If the employee or retiree resides outside California, they are encouraged to contact SDSU Research Foundation’s Human Resources Office for information on tax consequences of domestic partnerships in their State.

The value of SDSU Research Foundation's paid coverage that relates to a domestic partner and/or a domestic partner's child(ren) who is not a dependent under tax law will generally be considered imputed income. Imputed income is calculated as the value of the coverage provided to the domestic partner and/or the domestic partner’s child(ren). Please note:

  • Taxes paid on imputed income is in addition to the employee’s or retiree’s monthly plan cost.
  • The amount of imputed income depends on the plan in which the employee or retiree is enrolled and the level of coverage selected.
  • Imputed income is taxable and will be added to the employee's gross income each pay period for the purposes of calculating federal and state income taxes and for Social Security and Medicare taxes.
  • Imputed income will be reported on the employee's annual Form W–2.
  • For retirees, all taxes should be paid when income taxes are filed and due. At the end of the tax year, imputed income will be reported on a Form W–2 issued to the retiree.
  • For employees, imputed income is not included in the calculations for life insurance, disability insurance, or retirement plan benefits.
  • The employee's or retiree's personal income tax bracket will determine the actual tax consequences.

Since there may be tax consequences to employees or retirees who enroll a domestic partner, employees or retirees may wish to consult a tax advisor before electing this coverage.


2011 Monthly Imputed Income Chart for Employees

Adding Adding Kaiser Health Net
HMO		 Health Net
PPO		 Vision for
Health Net
Members Only		 Delta
Dental
Domestic Partner (DP) or DP's Single To EE + 1 $328.02 $535.68 $652.46 $2.88 $28.34
DP & DP's Child(ren) Single To Family $608.44 $911.18 $1,107.32 $9.80 $71.72
DP or DP's Child to EE + 1 EE + 1 To Family $280.42 $375.50 $454.86 $6.92 $43.38
DP or DP's Child to Family Coverage Family To Family $280.42 $375.50 $454.86 $2.88 $28.34

2012 Monthly Imputed Income Chart for Employees

Adding Adding Kaiser Health Net
HMO		 Health Net
PPO		 Vision for
Health Net
Members Only		 United Concordia
Dental
Domestic Partner (DP) or DP's Single To EE + 1 $335.42 $574.72 $738.26 $2.88 $28.34
DP & DP's Child(ren) Single To Family $621.96 $977.38 $1,257.88 $9.80 $71.72
DP or DP's Child to EE + 1 EE + 1 To Family $286.54 $402.66 $519.42 $6.92 $43.38
DP or DP's Child to Family Coverage Family To Family $286.54 $402.66 $519.42 $2.88 $28.34

There is no cost and no imputed income to the employee for a domestic partner's coverage under the Employee Assistance Program.

Imputed income for a retiree who enrolls a domestic partner will be calculated separately. Prior to enrollment, retirees who are interested in adding domestic partner coverage should contact SDSU Research Foundation's Human Resources Office to determine the imputed income amount, if applicable.


Enrollment

Employees may add or discontinue coverage for a domestic partner and/or domestic partner’s child(ren), if applicable, during the annual Open Enrollment period. Employees or retirees enrolled in an SDSU Research Foundation health plan may add domestic partners and the domestic partner’s child(ren), if applicable, to their health and dental plans, when first eligible. To enroll, the employee or retiree must submit, within 31 days of eligibility, the following forms to SDSU Research Foundation’s Human Resources Office:


  1. SDSURF Declaration of Domestic Partnership Form  (PDF Format, 38KB)*
  2. SDSURF Domestic Partner Tax Dependency Certification Form  (Word Format, 398KB)*
  3. Only for same sex partnerships, or for opposite sex partnerships, if one the individuals is at least age 62, State of California Declaration of Domestic Partnership Form  (PDF Format, 45KB)* (if applicable)
  4. Benefits Enrollment / Change Form (PDF Format, 541KB)*

Employees and retirees who fail to enroll a domestic partner or a domestic partner’s child(ren), if applicable, when first eligible, may enroll them during the next available Open Enrollment period, or within 31 days of a qualified mid-year change.

Mid-Year Changes

Changes to domestic partner coverage may be made if an employee has a qualified mid-year change and SDSU Research Foundation's Human Resources Office is notified within 31 days of the change. Below are some examples of mid-year changes that would allow employees to make coverage level changes:

  • Declaration of a domestic partnership  (Available through the State for same sex partners or for opposite sex partners if one of the individuals is at least 62 years old)
  • Birth or legal adoption of a domestic partner's child
  • A change in a domestic partner's employment status
  • A significant change in a domestic partner's employer's health care coverage
  • Death of the domestic partner or domestic partner's child(ren)
  • Termination of a domestic partnership

Effective Date of Domestic Partner Enrollment

Enrollment documents must be submitted within 31 days of eligibility or within 31 days of a qualified mid-year change.  All forms should be submitted to SDSU Research Foundation’s Human Resources Office.  Unless enrollment is based on a special enrollment event allowing retroactive coverage, coverage will be effective the first of the month following eligibility and receipt of enrollment documents.  Coverage for domestic partners enrolled during the Open Enrollment period will be effective January 1 for the following year.


Financial Liability of an Employee or Retiree with a Domestic Partner

The employee or retiree is responsible for maintaining accurate enrollment status with SDSU Research Foundation’s Human Resources Office.  Failure to notify SDSU Research Foundation of the termination of the domestic partnership shall make the employee or retiree liable for any and all additional expenses incurred by the domestic partner and/or a domestic partner’s enrolled child(ren), if applicable, including premiums paid by SDSU Research Foundation.


Termination of Domestic Partnership

If the domestic partnership ends, or the domestic partner is no longer eligible, the employee or retiree must cancel all benefits coverage for the domestic partner within 31 days of the termination of the partnership.  Coverage for children of the domestic partner, enrolled as a dependent child(ren) of the domestic partner must also be terminated once the domestic partnership dissolves.  If you filed a Declaration of Domestic Partnership with the State, cancellation of domestic partnership coverage can be accomplished by submitting the Notice of Termination of Domestic Partnership Form  (PDF Format, 60KB)* to the Secretary of State, and a copy of it and all necessary change forms to SDSU Research Foundation’s Human Resources office within 31 days of the dissolution of the partnership.  If you did not file for a Declaration of Domestic Partnership with the Secretary of State and you wish to terminate the domestic partnership, complete and return the Notice of Termination of Domestic Partnership Form  (PDF Format, 60KB)* to SDSU Research Foundation’s HR Office. The Notice of Termination of Domestic Partnership will affirm that the domestic partnership status is terminated, and that health, dental, and vision coverage will be terminated as of the end of the month in which the partnership ended. Failure to provide notification of the dissolution of the domestic partnership within 31 days may result in financial liability to the employee for claims, premium costs, and/or taxation on imputed income.


Termination of Coverage for Enrolled Child(ren) of Domestic Partners

Coverage for enrolled child(ren) of domestic partners will end the last of the month in which any of the following events occur:

  • The child(ren) turns age 26
  • The domestic partnership ends
  • The child(ren) become ineligible for coverage

To end coverage for a domestic partner's enrolled child(ren), employees must submit the appropriate change forms to SDSU Research Foundation's Human Resources Office within 31 days of the event.


Questions?

For further questions or assistance regarding domestic partner coverage, contact SDSU Research Foundation's Human Resources Office at 619-594-4139 or through email at benefits@foundation.sdsu.edu.

SDSU Research Foundation reserves the right to amend or discontinue any employee benefit plan, or any part of them, with or without notice, at any time at SDSU Research Foundation’s sole discretion. If there is a discrepancy between this document and the Plan Documents, the provisions of the Plan Documents will govern.


* Note: Documents in Portable Document Format (PDF) require Adobe Acrobat Reader 5.0 or higher to view. Download Adobe Acrobat Reader.
* Note: Documents in Word format (DOC) require Microsoft Viewer, download Microsoft Word Viewer .

Announcement November 2002
Benefit Effective Date = January 1, 2003
Most Recent Update February 2010
Updated October 2010

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