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DOMESTIC PARTNER BENEFITS
Presentation to the Administrative CommitteeNovember 6, 2012
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Recap of Last PresentationTexas Governmental Entities and Transit Properties ThatOffer Domestic Partner BenefitsTexas Public Policy and LawDARTs Health Plan
Means Utilized By Governmental Entities to Offer DomesticPartner BenefitsCosts
Plan SummariesDART A Potential Plan Design
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Texas Governmental EntitiesOffering Domestic Partner Benefits
Transit Properties that OfferDomestic Partner Benefits
City of Dallas AC Transit Oakland & East Bay, CA
City of Fort Worth Los Angeles Metro
DFW International Airport NJ TRANSIT
City of Austin North County Transit District Oceanside,CA
City of El Paso Pierce Transit
County of El Paso Valley Transportation Authority
City of San Antonio
Travis County
Pflugerville Independent School District
Dallas County
Texas Governmental EntitiesThat Offer Domestic Partner Benefits
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Texas Public Policy and Law
Marriage between persons of the same sex or a civilunion is contrary to the public policy of Texas and isvoid in Texas
Neither Texas or an agency or political subdivision of Texas may give effect to a: Right or claim to any legal protection, benefit, or
responsibility asserted as a result of a marriagebetween persons of the same sex or a civil unionin Texas or in any other jurisdiction
Texas nor a political subdivision may create or recognize a legal status identical or similar to
marriage
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DARTs plan requires the partner tobe a spouse of the insured employeeto be eligible for benefits
If the partner is not a spouse asrecognized by Texas benefits are notextended
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By Broadening the Class of Employees Eligiblefor Benefits, i.e. not limiting it to spousesTravis County for Example Offers the Benefit to: Domestic Partners of the same sex or opposite sex Both must be 18 or older and not otherwise married Must currently live together and have lived together six
consecutive months Must have a relationship that includes sharedexpenses and responsibilities for the maintenance andoperation of their home
A marriage or civil union is not required
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Cost of Extending Benefits toDomestic Partners
Potential for cost impacts are in the areas of DARTs portion of the premium paid on behalf of
each employee Increased claims
According to consultants, costs differentialfor claims and premiums would be minimal.For DART it would be between $105,000 to$210,000.
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Specific Governmental Plan SummariesCity of Dallas Same Gender Reside Together
Same Residence Live in a spouse-like relationship for six months Both Must be 18 Years of Age Not related by blood, not legally married, not a
common law spouse or domestic partner of another
Documentation of relationship
Travis County Same or Opposite ender Must be at least 18
Not related by blood, not legally married, nota common law spouse or domestic partner of another, not related by marriage
Cant be in active military service Cant be employed by Travis County or any of
its elected officials or agents Living together for 6 months Shared expenses and responsibilities Both Must be 18 Years of Age
City of Austin Lives in the same household Shares the common resources of life Close, personal, intimate relationship with a city
employee Would not be prevented from marrying the
employee on account of age, consanguinity, or prior undisclosed marriage
Can be the same or opposite gender
City of Fort Worth Same or opposite gender At least 18 years of age Lived in the same household for 6 months Shares the common resources of life in a
close, personal intimate relationship, Not married, not related by blood Domestic partnership is not proof of an
informal marriage
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Types of Proof Required
Drivers Licenses Joint deed or mortgage agreement Common ownership of a motor vehicle Joint bank accounts and/or credit accounts Designation as primary life insurance
beneficiary
Health care durable power of attorney A domestic Partnership Affidavit
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DART Potential Plan Design
Relationship of indefinite duration or in existence for aminimum period Partners maintained common residence for a minimum
period of time Partners are both at least age 18
Partnership is the sole relationship of the two partners Neither partner currently married or legally separated Partners are not blood relatives Would not be prevented from marrying if opposite sexes
Partner shares common resources in a close, personal,intimate relationship with employee Financially and personally interdependent with employee Not based on marriage or similar thereto Legality
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Some ConsiderationsPros: Help recruit and retain good employees in a competitive labor
market Provides for health care coverage
Cons: Difficulty verifying relationship exists Potentially increased enrollment and claims (at least initially) Potential for increased premium contribution cost
Increased employee tax burden IRS regulations requireemployees pay taxes on difference paid by employer to insurea domestic partner
Potential to become a test case for challengers
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