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Same-Sex Domestic Partnerships

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Frequently Asked Questions

Note: U-M benefits for same-sex domestic partners (SSDP) concluded at the end of 2007 to comply with the current Michigan Court of Appeals ruling on same-sex partner benefits. Accordingly, references to U-M recognized Same-Sex Domestic Partnerships in all University policies and documents (other than existing collective bargaining agreements) have been rendered invalid. 

• Who is eligible for coverage?
• How do I add my partner to my benefits?
• What if my partner and I terminate our relationship?
• Can I cover my partner's children under my benefits coverage?
• What will it cost me to cover my partner and his or her children?

• Do I have to pay taxes?
• Is there any way for me to avoid paying taxes?
• How do I register my partnership?

Who is eligible for coverage?
If you are a member of AFSCME, GEO, HOA, IUOE, MAP or MNA and you are eligible for benefits at the University of Michigan, you can cover your same-sex domestic partner through the end of the calendar year your collective bargaining agreement ends. To be eligible, you and your partner must:

  • Be of the same sex; and
  • Not be legally married to another individual; and
  • Not be related to each other by blood in a manner that would bar marriage; and
  • Have registered or declared the Domestic Partnership in the manner authorized by a municipality or other government entity; and
  • Have allowed at least six months to pass since the dissolution of a previous same-sex domestic partnership in the manner authorized by a municipality or other government entity.

If you and your partner meet these criteria, you may add your partner to your eligible benefit plans which, depending on your appointment status, may include medical insurance, dental coverage, vision plan, legal plan, optional group life insurance and a flexible spending account.*

* Due to IRS regulations, expenses of your domestic partner and/or your partner’s children can be submitted for reimbursement under a FSA only if they qualify as eligible dependents that you can claim on your federal income tax return.

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How do I add my partner to my benefits?
Generally, there are three times when you can add your partner to your benefits at the University of Michigan:

  1. As a newly hired or newly eligible faculty or staff member.
  2. After experiencing an eligible family status change.
  3. During the annual Open Enrollment period.

1. New Hire or Newly Benefits Eligible
If you are newly hired or newly benefits eligible at the University, you have a 30-day enrollment period for most plans. If you wish coverage for your partner, you will need to list him or her on the Personal Enrollment Worksheet you will receive at your home address. Coverage begins on your service or eligibility date if you enroll within 30 days of the response date indicated on your Personal Enrollment Worksheet. (Note: Failure to make your benefit elections within the required timeframe will result in a default of “No Coverage” in most instances. For details refer to Failure to Enroll.)

Your partner will have the same effective date of coverage as you. No additional documentation is required beyond the information requested on your Personal Enrollment Worksheet.

2. Family Status Changes
When you enroll in benefits as a newly hired or newly eligible faculty or staff member, your enrollment begins on your service date, and you cannot make any changes until Open Enrollment. However, if you experience a family status change that results in a gain or loss of eligibility for coverage, you may be able to make certain adjustments to your benefits if the benefit change corresponds with the gain or loss of eligibility for coverage. When you experience a family status change you need to contact the HR/Payroll Service Center within 30 days of the event. If you do not, you must wait until the next Open Enrollment to make the change. For a family status change, you will be asked to provide documentation of the change.

Examples of Family Status Changes:

New Partnership
Beginning a new partnership is a family status change that would allow you to change from one-person medical coverage to two-person medical coverage because acquiring a new dependent is consistent with a dependent’s gain in eligibility for medical coverage. Changing medical plan options would not be permissible, however, unless there was also a corresponding change in residence for both you and your partner. For example, changing from M-CARE HMO to the Blue Cross Blue Shield Community Blue PPO plan would be allowed if you were also moving outside of M-CARE’s service area causing a loss of eligibility to participate in the M-CARE HMO plan.

If your partnership is entered in the city of Ann Arbor, you will be required to complete a Declaration of Domestic Partnership. This form must be notarized by a notary public and signed by two witnesses; the notary can serve as one of those witnesses. Please note: The Ann Arbor Clerk's Office records the notarization date as the beginning date of the registered partnership. Newly eligible dependents must be added to your coverage within 30 days. Therefore, it is important to remember the 30-day "clock starts ticking" as of the notarization date; not the date your Declaration of Domestic partnership is filed with the City Clerk's Office. Other municipalities may have differing rules.)  You must complete and return required benefits change forms along with a copy of the registration or notarized uniform declaration form provided by a City Clerk’s office to make this addition.

The coverage effective date for your partner is retroactive to the date of your registration or declaration as entered by the City Clerk's Office on your Certificate of Domestic Partnership. A multiple deduction may be required to bring your account up to date if you experience a deduction rate change. Any required retroactive imputed income assessments will also be deducted from your paycheck occurring after the next scheduled payroll cut-off date.

Loss of Other Coverage
If your partner involuntarily loses his or her employer sponsored group health insurance; Medicaid or Medicare insurance, he or she can be enrolled onto your University group insurance coverage. Documentation of the loss of coverage will be required. Application must be made within 30 days from the date your partner's coverage ends.

Coverage becomes effective the date after your partner’s loss of coverage date. A multiple payroll deduction may be required if you experience a deduction rate change and any required retroactive imputed income assessments will be deducted from your paycheck occurring after the next scheduled payroll cut-off date.

The events above are only two examples of family status events that allow a mid-year change of your coverage level. Refer to Life Events for additional information.

3. Annual Open Enrollment Period
Open Enrollment is an annual event (usually in October) during which you can enroll in new benefits, add or delete dependents, or change your current benefits enrollments for the upcoming year, effective January 1st. Complete information on the plans and any changes, along with an Open Enrollment Personal Enrollment Worksheet showing your current coverage, will be mailed to you before Open Enrollment begins. No additional documentation is required beyond the necessary steps listed in the Open Enrollment materials mailed to you. Any additions or deletions made during Open Enrollment are effective January 1st of the following calendar year. Please note: Any dependent removed during Open Enrollment will not be offered the opportunity to continue coverage as provided under the Consolidated Omnibus Budget Reconciliation Act of 1986 or “COBRA.”

Refer to Benefits Enrollment for complete instructions on enrolling in benefits.

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What if my partner and I terminate our relationship?
If you and your partner terminate your relationship, your partner is no longer an eligible dependent and you must remove your partner from your benefits within 30 days of the termination. Failure to provide notification and proof of the dissolution of your domestic partnership within 30 days may result in additional and unwanted imputed income, in addition to claims and premium costs you. If you report the termination within 60 days, COBRA continuation will still be sent to your partner. Failure to report dissolution of your relationship after 60 days will result in forfeiture of your partner’s rights to COBRA continuation.

Your partner’s children must also be removed when they no longer meet the eligibility criteria for each benefit. If they are removed within the same time frames discussed above, COBRA continuation information will be sent so that coverage may be continued.

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Can I cover my partner's children under my benefits coverage?
Yes. In addition to coverage for a domestic partner, faculty and staff may also elect coverage for the qualified child(ren) of a domestic partner. The dependent child(ren) of a domestic partner are eligible for coverage through the end of the month they turn 25 if they:

  • Live primarily with you but may be temporarily away from home attending school or visiting the other parent; and
  • Are claimed as a dependent on your or your partner’s most recent income tax return; and
  • Are not eligible for coverage through the University as an employee; and
  • Are not already covered through the University as a dependent on another University employee’s coverage.

They can be added during one of the events listed in How do I add my partner to my benefits? above. If your partner's child does not meet the criteria of residing with you and is not listed as a dependent on your or your partner's income tax return now but may be in the future, you have 30 days from the date all the criteria are met to add him or her onto your benefits. You do not have to cover your partner if you want to cover his or her children as long as they meet the eligibility criteria listed above.

Children must be removed when they no longer meet the eligibility criteria for each benefit. Children must be removed within the appropriate time frame. If you report the child's loss of eligibility status within 60 days, COBRA continuation information will be sent so that coverage may be continued. Failure to report loss of eligibility after 60 days will result in forfeiture of your partner's child rights to COBRA continuation.

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What will it cost me to cover my partner and his or her children?
The insurance premium rates and University contributions for partners are identical to those for spouses or families (i.e. the two-person rate and contribution would apply if the coverage changes from single to two-person). However, there are additional financial and tax implications to consider. See the next question below.

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Do I have to pay taxes?
Yes. The Internal Revenue Service (IRS) has determined that the University’s cost of providing benefits for same-sex domestic partners and their children who do not meet the Internal Revenue Code's definition of qualified dependents for group health plans is considered ordinary or “imputed income” and is, therefore, subject to taxes. The University must report the fair market value (FMV) of an employee’s domestic partner benefits as wages or “imputed income” to the Internal Revenue Service resulting in increased taxable gross income for federal, state and city (where applicable) income taxes as well as for FICA (Social Security and Medicare) taxes withheld from the employee’s paycheck. As a result, the cost to the employee of obtaining benefits for a same-sex domestic partner is actually more than just the cost of the employee’s required bi-weekly or monthly premium. Additionally, if an employee elects to pay, or is defaulted to premium deductions on a pre-tax basis, the employee contribution amount attributable to domestic partner coverage is converted to an after-tax deduction.

Imputed income does not affect calculations for University-sponsored life or retirement or disability income. Nor does imputed income affect dependent life or legal plan coverage because both benefits are paid entirely by the employee and deductions are always taken on an after-tax basis.

To help you calculate the approximate amount and impact of the additional annual taxes you will pay on this imputed income, complete the Tax Worksheet for Same-Sex Domestic Partner Benefits.

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Is there any way for me to avoid paying taxes?
If your same-sex domestic partner and/or his/her eligible dependent children qualify as your dependents for federal income tax purposes, the University costs for their benefits are not considered taxable income to you.

According to the Internal Revenue Code, your same-sex domestic partner and/or his/her children can be claimed as dependents for federal income tax purposes (on your tax return) for any calendar year in which they are:

  • Receiving over 50% of his or her support from you for the year
  • Citizens, nationals or residents of the United States;
  • Living with you and a member of your household; and
  • In a relationship with you that does not violate local laws.

The University will assume your same-sex domestic partner (or your partner's child) DOES NOT qualify as your tax dependent under the Internal Revenue Code's definition of a qualified dependent for group health plans unless a Declaration of Tax Dependency Form (PDF) is completed each tax year and is on file with the Benefits Office.

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How do I register my partnership?
Regulations concerning registering a same-sex domestic partnership may vary between municipalities. The Ann Arbor City Council approved a Domestic Partnership Ordinance in 1991.

Ann Arbor -Two Ways to Enter a Partnership
Both Ann Arbor residents and non-residents are eligible to complete a Declaration of Domestic Partnership. This form must be notarized by a notary public and signed by two witnesses; the notary can serve as one of those witnesses.

The Declaration of Domestic Partnership can be registered or kept in private. To register the Declaration, the form must be filed with the Ann Arbor City Clerk. You can either hand deliver or mail the notarized document with the appropriate fee to the City Clerk's Office, 2nd Floor, 100 N. Fifth Ave., Ann Arbor, MI 48104. The Declaration then becomes a public document available for others to see. For private registration, the Declaration is not registered with the City Clerk; all copies are retained by the partners. A Certificate of Domestic Partnership is not sent and no public record of the partnership would exist. The University recognizes both publicly registered and private same-sex Declaration of Domestic Partnerships entered into under the Ann Arbor City ordinance.

Forms and information may be obtained by downloading from the Same-Sex Domestic Partnership Forms page, or from:

City Clerk's Office
City of Ann Arbor
100 North Fifth Avenue
Ann Arbor, MI 48108
(734) 994-2725

Other Municipalities and Governmental Entities
Many other municipalities and governmental entities recognize and register same-sex domestic partnerships meeting University of Michigan’s eligibility requirements. Registration in Ann Arbor is not a requirement. If your partnership satisfies the criteria outlined in the Who is eligible for coverage? section above, any benefits, privileges, rights and responsibilities that accrue to spouses of University faculty and staff by virtue of their status as spouses will accrue to committed same-sex partners of University faculty and staff by virtue of their status as same-sex partners.

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Final Note
No information contained herein is intended or should be construed as tax advice. Employees are encouraged to consult a qualified tax advisor before electing this coverage.

The University reserves the right to change, amend, or terminate the plans at any time. This benefits overview is not intended to give rise to any right to employment, continued employment, or any benefit with or from the University of Michigan.

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Every effort has been made to ensure the accuracy of the benefits information in this site. However, if any provision on the benefits plans is unclear or ambiguous, the Benefits Office reserves the right to interpret the plan and resolve the problem. If any inconsistency exists between this site and the written plans or contracts, the actual provisions of each benefit plan will govern. The University in its sole discretion may modify, amend, or terminate the benefits provided with respect to any individual receiving benefits, including active employees, retirees, and their spouses, partners, and dependents.  

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