California Law Regarding Domestic Partners

Written by: Kristy Kwan, Benefits and Retirement Plan Administrator

You may or may not know that California law requires carriers to provide insurance coverage for employees with domestic partners, if they choose to enroll their dependents. The coverage offered is under the same terms and conditions as a spouse. Although each carrier may have slightly different verbiage defining what constitutes a domestic partnership, the state recognizes this definition:

• Same sex partners registered as domestic partners with the state.
• Opposite sex partners, at least one partner must be over the age of 62 and eligible for Social Security.

In California the carriers will require the employer to cover domestic partners at least as is defined by the state. Beyond this definition, most carriers also allow same and opposite sex domestic partnerships to be eligible for coverage if the partners sign a Domestic Partner Affidavit, and in some cases the employer is allowed to elect a “narrow” or “broad” definition. The Domestic Partner Affidavits vary from carrier to carrier, but most state that the partners must have cohabitated at the same address for at least 6 months, share a relationship of mutual intimacy and caring, share finances, and are not so closely related by blood or marriage for the relationship to be deemed illegal. Obviously, many more relationships will fall into the “domestic partner” category using the more liberal definition that the affidavit allows.

To counteract any abuses of this definition, carriers do not offer domestic partners the same rights as a spouse in terms of COBRA continuation coverage. Should a domestic partnership dissolve, the employee must submit a form stating as such, and the domestic partner will be removed from coverage at the end of the month following the date of notification. Domestic Partners are not entitled to continue their insurance coverage. In comparison, a spouse would be allowed to continue coverage following a divorce for up to 36 months.

It is important to stay on top of the most current legislation as changes occur frequently. MMC, Inc. is well versed on each individual carrier’s definitions and we ensure that all the correct protocol and paperwork is completed on your behalf. Should you have any inquiries or concerns regarding your particular benefits plan, please feel free to call us at (800) 899-6624.

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