A.

Scott Tuesday, April 16, 2013

What is a Domestic Partnership?

Two persons residing together in a long-term, committed relationship without the benefit of marriage. May be either opposite-sex (heterosexual) couples or same-sex (homosexual or gay) couples. Opposite-sex couples choose to live together without getting married for personal reasons. Same-sex couples generally do not have a choice about whether or not to get married, except in a handful of states that either allow same-sex marriages or offer civil unions between same-sex couples.

What are the important issues?

Health Insurance IRS code Health Savings, Reimbursements, Insurance Dental Insurance Dependent insurance Spousal Insurance

NC Jurisdictions with DPB Policies

Gender Identity Non-Discrimin.
Counties Durham Guilford Mecklenburg Orange Buncombe Cities & Towns Asheville Boone Carrboro

Domestic Partner Benefits

Domestic Partner Registry

Yes Yes Yes Yes

Yes Yes

Yes Yes Yes

Yes Yes Yes

Yes

Yes

Charlotte
Chapel Hill Durham Greensboro High Point Raleigh Winston-Salem Yes Yes Yes Yes Yes

Entities under State Health Plan

Local Education Agencies UNC System UNC Community College System

States Offering DPB to Employees

Vermont (1994) New York (1995) Hawaii (1997) Oregon (1998) California (1999) Connecticut (2000)

Iowa (2003)

New Mexico (2003) New Jersey (2004)

Montana (2005)
Alaska (2006) Illinois (2006) Arizona (2008) Wisconsin (2009) Maryland (2009) Illinois (2012)

Maine (2001)

Rhode Island (2001)

Washington (2001)

District of Columbia (2002)

Companies offering DPB

Over half of Fortune 500 companies offer SSB. Lowes Companies Progress Energy Bank of America Goodrich Reynolds American, BB&T Duke Energy Duke University Wake Forest University University of NC CH 269/500 Fourtune 500 88/100 Top Law Firms 145 local governments 305 Universities

Are employers required to extend DPB?

No. Under NC GS North Carolina public employer does not legally have to extend the same benefits, to an employees same-sex partner. The State of NC does not recognize marriage certificate or civil union certificate from a state where such unions are recognized.

Who has the authority to grant domestic partner benefits?

Local Governments. The General Statutes do not, anywhere expressly address whether local government employers may offer benefits to the domestic partnerssame-sex or opposite-sexof their employees. The authority given to local governments to design employee benefits programs is broad.

Do local authorities have the power to grant such SSB?

Yes. N.C. G.S. grants to city councils the power to fix or approve the schedule of pay, expense allowances and other compensation for all city employees . . . purchase life, health, and any other forms of insurance for the benefit of all or any class of employees and their dependents, and may provide other fringe benefits for employees

Opponents of DPB
Fear of lawsuits, by not offering all employees in all jurisdictions benefits Benefits offered to employees can be added to income for tax purposes Social Security taxes will increase WRONG Employee benefits will be reduced Workplace will force diversity on employees and curtail free speech Medical insurance premiums will rise

Why offer benefits

Cost are minimal to the entity, decreases employee dependence on public assistance Helps to attract and retain highly qualified workers Cost-effective strategy for fully harnessing workforce potential. Promotes workplace equality

Analyses & Recommendations

1. The states should clearly define the definition of a dependent 2. Individuals wishing be receive SSB should petition their local governing boards to have these benefits. 3. Legal challenges